A federal jury in Seattle, Washington found in favor of Henry Barabin, a retired Crown Zellerbach Paper Mill worker suffering from mesothelioma, and his wife, Geraldine, in their products liability case against Scapa Dryer Fabrics, Inc. and AstenJohnson Inc., two former manufacturers of asbestos–containing dryer fabrics used on paper machines. ( Henry Barabin, et al. v.Scapa Dryer Fabrics, Inc. & AstenJohnson, Inc. , 2009 Case No. C07-01454-RSL, United States District Court, Western District of Washington)
Rather than pay the judgment, the defendants appealed. Mr. Barabin managed to beat the odds and bravely fought his mesothelioma for a long time before finally passing away on March 30, 2012. After several years waiting for the appeal to be decided, on January 15, 2014, based on the defendant’s erroneous claim that the trial judge failed to make a complete Daubert record regarding plaintiff’s experts, the 9th Circuit Court of Appeal reversed the $10.2 million verdict and remanded the case back to the trial court for a new trial. The new trial is pending.
