Belluck & Fox Obtains $1.5 Million Mesothelioma Verdict And Punitive Damages Against Fisher Controls International

Instrument repairman Ronald Drabczyk repaired control valves manufactured by
Fisher Controls International--a Division of Emerson Electric--that contained
asbestos gaskets and packing.
MARSHALLTOWN, Iowa & ST. LOUIS--(Business Wire)--
The New York law firm of Belluck & Fox has obtained a $1.5 million verdict and
punitive damages of $750,000 against Fisher Controls International following the
death of a worker at Hooker Chemical in Buffalo, New York, who was exposed to
asbestos on the job.

The verdicts in Estate of Ronald Drabczyk, Index No. I 2005/1583, were rendered
on October 19 and 20 in Erie County Court in Buffalo, New York. Judge John Lane
presided.

Fisher Controls, based in Marshalltown, Iowa, is a subsidiary of Emerson
Electric Co., based in St. Louis, MO. Emerson is a publicly-traded company on
the New York Stock Exchange under the symbol EMR.

Belluck & Fox represented the family of Ronald Drabczyk, a factory worker at a
chemical plant in Niagara Falls, NY. Drabczyk died from mesothelioma, a form of
cancer caused by exposure to asbestos. Drabczyk repaired valves manufactured by
Fisher Controls which contained asbestos gaskets and packing. The valves were
sold by Fisher to the Hooker plant where Drabczyk overhauled them from
1970-1988. The evidence at trial demonstrated that Fisher was aware of the
dangers of asbestos as early as 1946 but failed to place any warning on its
products.

In addition to awarding Drabczyk`s estate $1.5 million in damages, the jury
found that Fisher Controls acted negligently in failing to warn of the dangers
associated with the valves. It found that Fisher Controls was responsible for
five percent of the fault associated with his exposure and that the exposure to
the valves was a substantial contributing factor in causing Drabczyk's
mesothelioma. Further, the jury found that Fisher Controls acted with reckless
disregard for the safety of Drabczyk. Under New York law, this finding of
reckless disregard renders Fisher Controls responsible for the entire verdict,
minus a set-off for prior settlements.

This is the first instance that Fisher Controls has been found liable for using
asbestos in its products.

The jury also awarded $750,000 in punitive damages, finding that Fisher Controls
acted with wanton and reckless manners toward Drabczyk and others. This is the
first punitive damage award in an asbestos case in New York State in more than
20 years.

The case was tried by Belluck & Fox partner Jordan Fox and Michael P. Joyce of
the Law Office of Michael P. Joyce in Boston, MA. The law firm of Lipsitz,
Green, Scime Cambria, based in Buffalo, New York, served as co-counsel in the
case. The trial lasted six weeks.

"The jury's verdict confirms that this corporation acted in a negligent and
reckless manner in selling its valves without ever warning of the dangers
associated with the asbestos-containing products used in these valves," Fox
said. "The punitive damage verdict underscores that corporations have a duty to
workers to protect them from hazards known or knowable regarding their products.
The jury held Fisher Controls accountable for the fatal consequences of its
actions. Although we cannot bring Mr. Drabczyk back, we hope that this verdict
will send a message that these actions will not be tolerated."

About Belluck & Fox

Belluck & Fox, LLP is a nationally recognized law firm that represents
individuals with asbestos and mesothelioma claims, as well as other serious
injuries. The firm has obtained verdicts and settlements of nearly $225 million
on behalf of its clients. Partner Jordan Fox has been named to the Best Lawyers
in America and to Super Lawyers and on two separate occasions his verdicts were
featured as the National Law Journal's Largest Verdict of the Year. Partner
Joseph W. Belluck is a Super Lawyer who has prosecuted numerous cases involving
injuries from asbestos, defective medical products, tobacco and lead paint,
including a recent asbestos case that settled for over $12 million.

Belluck & Fox sponsors www.mesotheliomahelp.net, one of the Web's leading
sources of information about mesothelioma. The website features in-depth
information on the diagnosis and treatment of pleural mesothelioma and
peritoneal mesothelioma. MesotheliomaHelp.net also features patient profiles,
biographic and contact information for mesothelioma specialists throughout the
country and a daily blog with the latest research on mesothelioma treatments.

Belluck & Fox
Joe Belluck or Jordan Fox, 212-681-1575

Copyright Business Wire 2009