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Mass Tort Update Asbestos Update
Part 6: First Modern Asbestos Suit Filed in New Jersey
The Asbestos Story: America's Greatest Industrial Tragedy
A Tale of Deceit, Design & Temerity
By Christopher M. Placitella
Cohen, Placitella & Roth, P.C.
In 1958, a brave man by the name of Frederick LeGrande files the first modern day product liability case against Johns Manville. This is the case that could change history.
This is the case, that if won, will become important precedent for other workers wrongfully injured, and will hopefully insure that the Asbestos companies take the proper safety precautions to protect other workers in the future.
Frederick LeGrande worked as an insulator for a company known as H. W. Porter installing Asbestos insulation. Unlike other workers before him, Frederick LeGrande does not sue his employer for workers compensation benefits, but rather for the first time sues Johns Manville claiming that Johns Manville sold the Asbestos products that he worked with and should be responsible for the serious lung injury he sustained.
The cards are stacked against Mr. LeGrande. He is represented by a solo New Jersey practitioner, against the mighty army of Johns Manville attorneys. Like the lawsuits secretly settled by Johns Manville more the 20 years earlier, LeGrande files his lawsuit in federal court in Newark, New Jersey.
During the pretrial process, when Mr. LeGrande asks what Johns Manville knew about the dangers of its products, he is lied to and stonewalled. Persistent for justice, Frederick LeGrande finally gets his day in court. LeGrande is physically assisted to the witness stand from his wheelchair with a respirator to help him breathe. Johns Manville's corporate executives observe quietly from the back of the courtroom.
Casting aside the truth, Johns Manville defends itself claiming that it was unaware that the Asbestos products it manufactured and that were used by Frederick LeGrande could hurt him. As the trial progresses, Johns Manville begins to panic because its lack-of- knowledge defense is being exposed as a lie.
First, Mr. LeGrande testifies that numerous co-workers that used Manville's products are also sick, negating Manville's position that LeGrande is somehow an anomaly. Then, one of Manville's star witnesses unexpectedly refuses to go along with Manville's lies. The original plan was to have the insurance industry executive take the stand and testify that the company that insures Manville was also unaware that people like LeGrande could get sick from working with Asbestos.
However, when the Manville attorneys meet with the witness to prepare his testimony for trial, the insurance executive indicates that he cannot testify to what the lawyers want as it would be a lie for him to do so.
As I mentioned to you, it was my wish to have a representative of your company who was familiar with workers compensation and occupational disease hazards to appear to testify that there was no basis for concern that an applicator would contract Asbestosis because of the limited exposure to which such person would be subjected, but, I understand that such testimony could not be submitted because the fact is that such claims have been made, and, indeed have been made against H.W. Porter and Co., which was the employer of the plaintiff in the present action.
Unfortunately, for Johns Manville, Frederick LeGrande is a very convincing witness and a sympathetic plaintiff. Despite being outgunned and outmanned, it looks like Mr. LeGrande might just win his case and that the truth will be exposed with a jury verdict in his favor. Not so fast!
Soon after LeGrande testifies, an emergency meeting is held at Johns Manville headquarters. If Frederick LeGrande wins, and the verdict becomes known, it could be used as proof in all future cases that Manville was aware that people like Mr. LeGrande could get sick and die from Asbestos.
At the meeting, Johns Manville decides to settle Mr. LeGrande's case rather than risk a verdict and have the truth exposed.
We also considered very seriously the affect that any settlement would have upon the industry and what claims, if any, might result from our action. It should be remembered in this regard that if we had a very large judgment against us which would fill the newspapers our situation would be much worse than it is today with the case settled.. This plaintiff arouses a great deal of sympathy and is perhaps the worst case we should try.
The condition for settlement, however, is that it must remain secret and that when the settlement is put on the record, it will be put on the record for something other than Asbestosis.
Instead of alerting the rest of the world and stopping the future cascade of unnecessary death and illness, the secret settlement is buried along with Mr. LeGrande.
When this case is put on the record after settlement had been agreed upon, it was not put on the record as Asbestosis, ..
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