A former mechanic’s asbestos trial against automotive component manufacturer ArvinMeritor Inc. settled in Madison County Associate Judge Stephen Stobbs’ courtroom Feb. 28.
Plaintiffs Arlan and Dina Wieland were represented at trial by Shrader & Associates in Edwardsville.
ArvinMeritor was represented by Brian Myers of St. Louis.
The four-day trial originally began Feb. 19, but ArvinMeritor removed the case to federal court, arguing that removal is appropriate because only it and PACCAR remained as defendants.
“As such, the basis for removal has only become apparent within the past 24 hours,” Myers wrote.
However, plaintiff attorney Allyson Romani filed an emergency motion to remand the case on Feb. 20, arguing that Caterpillar, an Illinois citizen, was an active defendant.
Romani wrote that while the plaintiffs and Caterpillar engaged in negotiations, they hadn’t reached a settlement agreement.
Mayers disputed the argument, stating that Caterpillar’s counsel advised him that an agreement had been reached.
He filed a motion for permission to conduct discovery on facts relevant to the removal.
U.S. District Judge Staci Yandle of the Southern District of Illinois denied Myers’ request and remanded the case.
Yandle found that the Wielands and Caterpillar hadn’t reached an agreement, and the Madison County Circuit Court docket listed Caterpillar as an active defendant.
The trial resumed on Feb. 25. The trial ended Feb. 28 when attorneys announced the case had settled. Jurors were dismissed at 9:30 a.m.
During trial, jurors heard testimony from the plaintiff’s witnesses and experts, including environmental consultant Dr. Barry Castleman.
Castleman was prohibited from testifying specifics about the Weiland case, but informed the jury about the history of asbestos regulations and when companies became aware of the dangers of breathing asbestos dust. He explained that asbestos dangers were known as early as the 1930s.
Because Arlan Wieland claims in his complaint that he was exposed to asbestos as a mechanic, Castleman’s testimony was focused on automotive brakes and brake components.
He explained that the National Institute for Occupational Safety and Health, NIOSH, was concerned about brake dust from brake friction materials during automotive repairs.
He added that NIOSH believes there is no safe asbestos exposure limit, so any amount of brake work would be hazardous.
The Wielands, of Albuquerque, NM, originally filed the complaint Feb. 21, 2019 against 62 defendants, including ArvinMeritor Inc.
According to their complaint, Arlan Wieland was diagnosed with mesothelioma on Jan. 18, 2019 after a long career as a mechanic.
Wieland served in the U.S. Army from 1959-68. After his service, he worked for Northern Illinois Gas Company in Crystal Lake, Ill., as a mechanic from 1969-72. He went on to work various mechanic jobs in Oregon from 1972-75.
Wieland then moved his family to New Mexico, where he worked as a mechanic for Navajo Freight from 1975-76, Leonard Motors from 1976-80, Rust Tractor from 1980-83, Springer Building Materials from 1983-89, and Cal Mate from 1988-89.
Madison County Circuit Court case number 19-L-242