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NewsFriday, November 3, 2006 6:07 PM CST
$5.5 million awarded in asbestos case
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BLOOMINGTON -- A McLean County jury has awarded about $5.5 million in a wrongful death suit accusing numerous companies of exposing a man to asbestos and hiding risks of the material.

The lawsuit, filed in summer 2004, alleged John Hoogerwerf was exposed to asbestos without warnings of its dangers and it caused lung cancer. He fought cancer for a little more than a year before his death on July 17, 2002.

The suit accused numerous companies of a conspiracy to hide the harms of asbestos, but last week’s verdict was solely against Honeywell International Inc. Hoogerwerf installed insulation on pipes and boilers using materials sold by Bendix, which eventually became part of Honeywell.

In court documents, attorneys for Honeywell denied there was any conspiracy and further denied asbestos caused Hoogerwerf’s death.

“There is no evidence that Bendix Aviation Corp. (or any of its affiliates) ever conspired with anyone concerning issues pertaining to asbestos, associated health problems, or risks arising from asbestos exposure,” said a Honeywell statement issued Friday. “We will continue to vigorously defend our position, through appeal if necessary. We are confident that we will ultimately prevail as have other defendants in similar cases.”

Andrew Kelly, one of the lawyers for Vickie Hoogerwerf, special administrator of her husband’s estate, said John Hoogerwerf started working as an insulator in 1966 during his senior year of high school, installing insulation on pipes and boilers in power plants and industrial buildings.

Asbestos was used in the insulation for heat resistance and to bind the insulation together. The lawsuit alleges asbestos was airborne in areas where Hoogerwerf worked.

Kelly is from the Bloomington-based law firm Walker & Wylder.

The companies accused of involvement in a conspiracy were Bendix, Union Asbestos & Rubber Co., Johns-Manville Corp., Raybestos-Manhattan Inc., Abex Corp., Owens-Illinois, Owens Corning Fiberglass Corp. and Metropolitan Life Insurance Co.

The jury trial lasted nearly three weeks, Kelly said. There are no related lawsuits pending, he said.

“It is a significant verdict, but I think it covers significant damages in a case where the jury got to hear a lot of evidence of a conspiracy among these various companies and how they continued to sell products in light of knowing the hazards of asbestos,” Kelly said.

Kelly said Hoogerwerf spent most of his life in Annawan, a small town north of Kewanee, and worked as a union insulator throughout central Illinois. He spent much of the early part of his career with Mechanical Insulation in Kewanee, and much of his later career working with various contractors, he said.

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Reader comments on this story - 7 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

hmmm wrote on Nov 4, 2006 4:42 PM:

" so, after every company has moved out of the country, we can buy everything from them, untested, of course, & unable to get justice, should what they make us also prove deadly..... "

It's all about Justice wrote on Nov 4, 2006 2:50 PM:

" To Old Man: What about all these companies getting fatter at the expense of the workers lives and and feeding on the tree fo plenty. If it weren't for the justice system they would still be making people sick. Nobody likes lawyers until they need one. "

Similar Situation wrote on Nov 4, 2006 2:43 PM:

" This has everything to do with Justice... This has nothing to do with the legal profession getting fatter. The attorney's at Walker and Wylder have spent many years dredging through the lies of these companies and watching their client's suffer and pass away and their families mourn. They are excellent at what they do and they have paid the price. Just like everyone else who goes to work trying to make it to the top. Walker and Wylder are at the top of asbestos litigation as well they should be. The conspiracy theory is true. They wouldn't come out on the winning side so often if they didn't have proof. These companies lied and schemed to cover up what they were doing to their employees. The only better justice would be for the companies to admit their wrongdoing. This is not possbile, so they continue to loose in court and settle out of court. My heart goes out to this family. May God Bless You. "

Ask Jay wrote on Nov 4, 2006 1:28 PM:

" Why manufacturing companies are fleeing the US of A. "

Old Man wrote on Nov 4, 2006 12:57 PM:

" This has nothing to do with Justice. It is just the Legal Profession getting fatter. Feeding on the tree of plenty for them. "

To Product Liability wrote on Nov 4, 2006 12:29 PM:

" The guy dies and you call it "toe stubbing." Hope you don't stub your toe on something. The message here is that if you cause harm you are liabe for it. Amen. "

Product Liability wrote on Nov 4, 2006 6:34 AM:

" Today, companies spend billions of dollars on research to safeguard against long term effects. Unfortunately, no matter how much they spend, toe stubbing still happens. We expect everyone to be responsible for us but we are not willing to take inherent risks in America. All these costs "of doing business" research, handling lawsuits, etc. are passed along to the consumers. That is why we hear that big sucking sound of business moving across the borders. It is most unfortunate asbestos has caused so many associated health concerns along with premature death. I'm waiting for someone to file a lawsuit against Heaven because the sun causes cancer! Everything made on this earth is from this earth or its birthright mother lode. We mix it, match it, crack it, genetically modify it and sure enough mother nature smacks us back. "

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