FEBRUARY 16, 1999
Marilyn Callahan, Individually and as Executor of the Estate of Richard
Callahan v. Owens-Illinois, et al.
Case #: 298906
Judge: James Sweeney
Court of Common Pleas, Cuyahoga County, Ohio
Plaintiff's Decedent's Name:
Plaintiff's Spouse's Name:
Death, Malignant Pleural Mesothelioma
Date of Death: May 23, 1996
Place of Exposure:
SOHIO (BP) Oil Refinery, Lima, Ohio
Mr. Callahan started in 1950 as a laborer and a helper in the Lube Plant,
and then worked as a filter operator, clay plant operator, control operator,
and a furfural operator. Transferred in approximately 1969 to the Lima
Integrated Unit, a new area of the refinery then under construction. He went
into supervision in 1975 with little or no asbestos exposure thereafter.
Defendants at Trial:
RAPID-AMERICAN, GARLOCK, OWENS CORNING, OWENS- ILLINOIS.
All except Owens Illinois settled during trial but after evidence began.
AC and S, Inc.; FOSTER-WHEELER; METROPOLITAN LIFE; PITTSBURGH CORNING
CORPORATION; CCR Defendants settled before trial began.
Expert Witnesses for Plaintiff:
William Longo, Ph.D. (materials science); Victor Roggli, M.D. (pathology);
Theodore Braich, M.D. (treating doctor)
Expert Witnesses for Defendants:
John Craighead, M.D. (pathology); Douglas Fowler, Ph.D. (industrial hygiene)
Corporate Witnesses Called by Plaintiff by Deposition:
John McAllister, Everett Shuman, Edward Ames.
Corporate Witnesses Called by Defendant Owens-Illinois by Deposition:
Willis Hazard, Robert Grim, Samuel Schillaci.
No or inadequate exposure to Kaylo prior to 1958; OI Kaylo contained only
chrysotile asbestos during possible years of exposure and chrysotile
asbestos does not cause mesothelioma.
Wrongful Death: $1,000,000.00
Loss of Consortium: $783,000.00
Funeral Expenses: $1,424.07
In addition to the verdict, settlements of over $1.3 million were negotiated
with other defendants before the trial ended.
The jury found that punitive damages were appropriate and awarded attorneys
fees which will be paid by the defendant Owens-Illinois.