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Defense Team Wins for Viad Corporation
Columbia partners Robert Meriwether and Anthony Hayes recently won a defense verdict in Greenville, S.C., for client Viad Corp. of Delaware in an asbestos-related case involving a plaintiff with mesothelioma.
The complaint initially also named clients Crane Co., Buffalo Pumps, Weir Valves & Controls, and The Nash Engineering Co. All but Viad and, initially, Buffalo Pumps settled, "and the clients were very happy with their settlements," Mr. Meriwether said. Charleston partner Mark Phillips and Columbia Partner David Traylor represented Buffalo Pumps, which settled after four days of trial.
The plaintiff alleged that asbestos-containing evaporators used on Navy destroyers manufactured by Viad contributed to his illness while he was in service. The plaintiff also alleged that Viad's high pressure heaters also contained asbestos and contributed to his illness while he was employed at a power plant in Ohio where they were installed.
The major defenses were state of the art, sophisticated purchaser/learned intermediary doctrines, Mr. Meriwether said.