11/30/06

The jury in the second MDL trial returned another verdict for defendants. In the Duke Power cases, plaintiffs Don Goforth and Randy Quinn, whose cases were consolidated for trial, claimed neurological injuries as a result of exposure to welding fumes while employed at Duke Power Company. The verdict form returned by the jury found for the defendants on strict liability. However, the jury found in favor of Goforth and against Quinn on the question of negligence. Finally, the jury determined that Duke Power was a sophisticated user and found for the defendants. The Duke Power cases were the Sixth bellwether case selected by the plaintiffs. The Duke Power cases are the third and fourth verdicts won by the welding industry in November alone, and brings the win total to16 of 17 cases tried to juries.