October 4, 2018 By Nicholas Vogelzang

October 2018

Hi everyone, I hope you’ve enjoyed a beautiful summer. I’m looking forward to visiting several clients this fall in Michigan, which always provides spectacular views of the changing colors of fall. We’ve got two exciting cases coming up for trial in November. The first is James Thomas, a Local 17 insulator who passed away from lung cancer this year. We were able to videotape his testimony back in the spring of 2018 where he lays out all the different heavy asbestos exposures he endured during his working years. Several defendants have already settled, however negotiations have stalled out on a few other defendants. Thus, it will likely take a judge’s cajoling or a jury’s decision to reach a number that will fairly compensate Mr. Thomas.

In addition to a potential trial, we just finished a deposition of a lifelong electrician Larry DeHaven, and we are preparing for a deposition of Donald Bergren, who spent his life working as a boiler tender and motor repairman. Their jobs in the 1960s and 1970s put these men in frequent contact with asbestos and they both were diagnosed with mesothelioma.

Next week I’ll be speaking at a national asbestos conference in San Francisco, where both plaintiff and defense attorneys, as well as judges involved in asbestos litigation, get together to discuss relevant cases that are changing the way these lawsuits are litigated.   

Finally, we had a fantastic fundraiser 5k run on 9/22/18. We raised over $5,000 for mesothelioma research and had 75 runners. I was lucky enough to finish first in my age group, and hopefully we can find a few more participants next year that can try to beat me to the finish line.