Florida Woman Receives One Million Dollars for Husband’s Wrongful Mesothelioma Death

A Florida woman received almost a million dollars in damages and medical bills from a Bay County court for her husband’s wrongful death from mesothelioma. Betty McBride’s late husband, Woodrow, filed a wrongful death lawsuit back in 2006 against Foster Wheeler General Electric and other companies that had products in two Florida power plants where he previously worked. Woodrow McBride passed away a year after his diagnosis.

The case, which began April 20th found that products manufactured by Gulf Power and Foster Wheeler were responsible for the asbestos contamination that eventually lead to McBride’s disease and eventual death at the age of 67. McBride’s wife will receive $245,600 for her deceased husband’s medical bills, $225,000 for past pain and suffering and $525,000 for future pain and suffering for a total of $995,600.

Gulf Power was found to be 60 percent liable and Foster Wheeler 25 percent liable in the case. The other companies named were each found to be 1 percent liable and include: Allis-Chalmers, Babcock and Wilcox Corp., Combustion Engineering, Eagle Picher Industries, Fibrebrand Corp., Garlock Gasket Co., General Electric, Ingersoll Rand, Johns Manville, Owens-Corning Corp., Pacific Pump Corp., Riley Stoker, Shook and Fletcher, Westinghouse and Yarway Valve.

However, a spokesman for Gulf Power, Jeff Rogers, said that his organization was never named in the original lawsuit and provides an example of what is called a “Fabre” decision. Florida law allows for plaintiffs to name a “Fabre” defendant to move blame away from themselves according to Rogers but these defendants are not responsible for damages that a plaintiff is awarded.

Rogers says this use of a “Fabre” defendant will reduce the amount of money McBride will be awarded. “This is not a judgment against Gulf Power. It doesn’t mean Gulf Power has to pay any money.” According to the verdict Gulf Power’s contribution would be $597,360. Rogers also said that though he sympathizes with Mrs. McBride, her husband never made any legal claims against his company and they were never asked to testify or offer a defense. “We were very surprised by the jury’s decision,” he said.

Source:  http://www.newsherald.com/news/suit-73793-asbestos-widow.html

1. 

   Chris Whitfield says:

   May 10, 2009 at 4:02 pm

   Is this a common settlement?