Dean Omar Branham Shirley legal team prevails against Asbestos Corp. Ltd.
TACOMA, Wash.–(BUSINESS WIRE)–A Pierce County Superior Court judge has awarded more than $16 million to a Washington state family in a case against Canada-based asbestos mining company Asbestos Corp. Ltd.
“Steve Kotzerke was an amazing husband and father who lived his life for his family,” said Trey Branham, managing partner of Dean Omar Branham Shirley.
Before deciding damages, the court entered a default judgment against Asbestos Corp. because of the company’s refusal to participate in discovery. As a result of its actions, the company remains in contempt of court.
Mr. Branham says Asbestos Corporation Ltd., a Canadian supplier of asbestos to the U.S. for decades, is engaged in a nationwide scheme to disobey court orders.
“Asbestos Corporation Ltd. hides behind a debunked legal argument that Canadian law precludes it from participating in discovery. Here, the trial court and the Washington Court of Appeals told ACL to answer discovery, and it flatly refused,” Mr. Branham said. “They are engaging in this disregard of the legal system across the nation, and we are grateful that this is one of many courts attempting to put a stop to it.”
Steven Kotzerke, a father of two, died in 2022 of lung cancer at age 67.
The court awarded:
- $1,719,398.25 in economic damages and $5 million for pain, suffering, fear and humiliation to the estate of Steven Kotzerke,
- $7.5 million to Jolene Kotzerke for loss of consortium and
- $1 million to each of their two daughters.
The legal team also included Sarah Gilson of Dean Omar Branham Shirley along with Alexandra Caggiano, Brian Weinstein and Dylan Johnson of Weinstein Caggiano PLLC.
The case is Jolene R. Kotzerke et al. v. Asbestos Corporation Limited, No. 23-2-05287 in the Superior Court of the State of Washington in the Pierce County.
Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of the irresponsible conduct of others. For more information, visit www.dobslegal.com.
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