(Source: The News Herald)

By David Angier, The News Herald, Panama City, Fla.
Apr. 30--PANAMA CITY, Fla. -- PANAMA CITY -- A Bay County jury on Tuesday awarded Betty McBride of Lynn Haven $995,600 in damages and medical bills from her husband's mesothelioma death.
The party they found most responsible, however, says it was not a defendant in the lawsuit and the judgment is not binding.
Woodrow McBride filed a wrongful death lawsuit on Aug. 10, 2006, against Foster Wheeler, General Electric and a number of other companies that had products in two Panhandle power plants that McBride worked in from 1968 to 1996. McBride was diagnosed with mesothelioma, a cancer that is caused by exposure to asbestos, in September 2005 and died on Sept. 20, 2006, at the age of 67.
Trial in the case began April 20.
Jurors found Tuesday there was no negligence on any of the companies' parts, but Gulf Power and Foster Wheeler did have a product that was the cause of McBride's mesothelioma.
The jury awarded Betty McBride, as executor of her husband's estate, $245,600 for Woodrow McBride's medical bills. She also was awarded $225,000 for past pain and suffering and $525,000 for future pain and suffering.
The jury found Gulf Power to be 60 percent liable and Foster Wheeler 25 percent liable. Each of the other companies was found to be 1 percent liable: Allis-Chalmers, Babcock and Wilcox Corp., Combustion Engineering, Eagle Picher Industries, Fibrebrand Corp., Garlock Gasket Co., General Electric, Ingersoll Rand, Johns Manville, Owens-Corning Corp., Pacific Pump Corp., Riley Stoker, Shook and Fletcher, Westinghouse and Yarway Valve.
Gulf Power spokesman Jeff Rogers said Wednesday that his company was never included in the lawsuit and the verdict was an example of an aspect of law called a "Fabre" decision. He said named plaintiffs are allowed by Florida law to name a "Fabre" defendant, who is not included in the lawsuit, as a way to shift blame away from themselves. "Fabre" defendants, however, are not responsible for damages awarded to a plaintiff, he said.
"That's going to reduce the amount of money she otherwise would have gotten," Rogers said. "This is not a judgment against Gulf Power. It doesn't mean Gulf Power has to pay any money."
Gulf Power's portion of the judgment would be $597,360, according to the verdict.
"First of all, let me say that we sympathize with Ms. McBride and the loss of her husband," Rogers said. "Mr. McBride never made any legal claims against Gulf Power. We were never asked to testify or offer a defense. We were very surprised by the jury's decision."
Woodrow McBride worked at Smith Power Plant in Southport from 1968 to 1969 and 1975 to 1996 and at Crist Power Plant in Pensacola from 1969 to 1975. During that time, according to court records, McBride was exposed to asbestos, specifically during the installation and maintenance of several Foster Wheeler boilers, which used the material as insulation.
The lawsuit was originally filed in Broward County and transferred by change of venue to Panama City and the jurisdiction of Circuit Judge Hentz McClellan.
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