Miller v. O.C. Keckley – $1.69 Million

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On Aug. 31, 2007, plaintiffs’ decedent Earl R. Miller, 63, reportedly died from mesothelioma after a January 2006 diagnosis. From 1963 to 1972, Miller served in the U.S. Navy, working aboard various ships.

Miller’s widow and two adult children sued O.C. Keckley Co., which manufactured valves that were sold to the Navy, for products liability (manufacturing and sale of the valves) and strict liability. Actually, several valve manufacturers, pump manufacturers and chemical companies were included as defendants in the original suit, but they were dismissed before or during trial.

Plaintiffs’ counsel argued that O.C. Keckley’s valves incorporated an asbestos-containing gasket, which exposed Miller to asbestos. Plaintiff experts testified that Miller’s exposure to O.C. Keckley valves was part of the legal cause of his mesothelioma in that the exposure contributed to his cancer risk.

O.C. Keckley alleged that the asbestos in its valves was encased in metal. Defense experts testified that Miller’s exposure to asbestos gaskets was insufficient to substantially contribute to his risk of developing mesothelioma.
Miller died from mesothelioma, a cancer of the lining of the lungs. Reportedly, he had extensive physical injuries related to his battle with mesothelioma.

His survivors — widow Una F. Miller; daughter Lenna K. Miller; and son William E. Miller — filed a wrongful-death claim.

Verdict Information The jury found for the plaintiffs on negligence and strict liability. The jury found that O.C. Keckley was 10.04-percent liable.
The plaintiffs were awarded $1,691,892, which was reduced to $85,936.98 via a calculation based on liability percentages the jury placed on other defendants that had settled out and the amounts they had settled for.