Florida Appeals Court Reverses $24 Million Asbestos Verdict Against Honeywell
By Andrew Longstreth
October 28, 2009
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Judge Richard Feder of Miami-Dade County didn't give Honeywell International many breaks at a trial last year over claims that the company caused a Miami doctor's asbestos-related injuries. But a three-member panel on Florida's Third District Court more than made up for it. On Wednesday it threw out a $24 million verdict against Honeywell and ordered a new trial. Read the opinion, here.The award had gone to Stephen Guilder, who claimed that he was exposed to asbestos in the 1970s and 1980s when he repaired automobiles that included brake pads from Bendix, which was subsequently purchased by Honeywell. In its opinion, the appellate court found that Judge Feder had erred by refusing to redact portions of a letter from a Bendix employee to an asbestos supplier that were prejudicial to Honeywell. The court also found that Judge Feder should have granted Honeywell's request to include other defendants that also manufactured break pads--such as Honda and BorgWarner--on the jury verdict form.
Raoul Cantero of White & Case, which was brought in to argue the appeal, said that although the court reversed the judgment on four separate grounds, it did not address the crux of the plaintiff's case. According to Cantero, the cancer Guilder was struck with has never been linked to the asbestos to which he was exposed. Therefore, Cantero argues, the testimony of the expert witness for the plaintiff should not have been accepted. Cantero said Honeywell would raise the objection again at the new trial.
On appeal, Cantero was joined by Jack Reiter and Anthony Upshaw of Jordan Kosches of Adorno & Yoss, which represented Honeywell at trial.
James Ferraro of the Ferraro Law Firm, an attorney for Guilder, was not immediately available for comment.
