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Forman Perry Watkins Krutz & Tardy Announces Take-Nothing Verdict For Clemco Industries, Precision Packaging in Mississippi Silicosis Lawsuit
 
May 26, 2009

PORT GIBSON, Miss. - The Jackson, Miss.-based civil trial law firm of Forman Perry Watkins Krutz & Tardy LLP is announcing a take-nothing defense verdict handed down in a silicosis lawsuit on behalf of three separate companies, despite the plaintiff's attorney asking for an award of $4.5 million.

Attorneys from Forman Perry successfully represented Washington, Mo.-based Clemco Industries Corp. the world's largest manufacturer of air-powered blast cleaning equipment, and Little Rock, Ark.-based Precision Packaging, a packaging services company. The Claiborne County Circuit Court jury also awarded no damages against Lone Star Industries Inc., a former supplier of blasting sand.

Plaintiff Eugene Westrope, 73, of Hazelhurst, Miss., filed suit against 18 different companies in March 2007 based on claims that he contracted the lung disease silicosis after using or working around the companies' products from 1964 through 1995. Mr. Westrope settled or otherwise resolved his claims against 15 other defendants before trial.

The Forman Perry defense team representing Clemco and Precision was led by name partner Fred Krutz, along with partner Edwin S. "Win" Gault Jr., and associate Jennifer Jones Skipper. Lone Star was represented by David Barfield and Kimberly Mangum of Madison, Miss.-based Barfield & Associates.

During jury selection, Circuit Court Judge Lamar Pickard allowed the Forman Perry attorneys to review the last four digits of the social security numbers for jury pool members to help identify potential jurors who previously filed legal claims similar to those alleged by Mr. Westrope. The Court allowed this examination based on the high number of local residents who have filed their own lawsuits based on alleged exposure to silica and asbestos.

Using the firm's extensive database of mass tort plaintiffs, the Forman Perry team successfully argued for the removal of all potential jurors who had filed similar litigation. The firm also identified those whose relatives had filed silica or asbestos litigation, as well as those who lived with people who had filed similar claims. Those potential jurors also were dismissed by the Court before opening statements began on May 13.

On May 21, jurors issued the take-nothing verdict in favor of Clemco, Precision and Lone Star after finding that none of the companies were responsible for Mr. Westrope's injuries.

Mr. Westrope was represented by personal injury attorney Tim W. Porter of Jackson's Porter & Malouf, who asked the jury for millions in his closing argument, and R. Allen Smith Jr. of Ridgeland, Miss.-based The Smith Law Firm.

Forman Perry Watkins Krutz & Tardy is a national trial firm focusing on civil trial law with an emphasis on tort, environmental and commercial litigation. The firm is home to more than 85 skilled attorneys in Jackson, Miss., Dallas, Denver, Detroit, Houston and New Orleans who have represented clients in state and federal courts across the U.S. for more than 20 years. Forman Perry's pioneering work in the federal multidistrict litigation covering silica products liability (MDL 1553) and asbestos products liability (MDL 875) has led to the dismissal of thousands of claims.

For more information on the verdict or to speak with a member of the winning trial team, please contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.


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