Baker Sterchi Cowden & Rice Wins Defense Verdict in Asbestos-Related Matter

After a week-long trial in a St. Louis area court, Baker Sterchi Cowden & Rice won a defense verdict for a flooring subcontractor client in an asbestos-related case in which our client was sued by its general contractor for $1.2 million in damages. The general contractor’s claim arose from the shut down and subsequent cleanup of a large grocery store by the Illinois Department of Public Health following an anonymous tip about suspect asbestos removal activities during remodeling construction at the store. In an administrative proceeding held before the trial, the Illinois Department of Public Health determined the flooring subcontractor had violated an  asbestos-related state statute and three asbestos-related state regulations while removing asbestos contaminated floor tiles in the grocery store as it was operating and open to the public. The general contractor, relying heavily on the Illinois Department of Public Health findings, sued the subcontractor to enforce three separate indemnification provisions in the subcontract and breach of contract and breach of warranty claims.

The firm's litigation team successfully crafted a defense strategy based on the general contractor’s own misconduct. Not only was a defense verdict won against the general contractor’s $1.2 million claim, the subcontractor was awarded $10,925.00 on its counterclaim for the general contractor’s breach of contract plus $3,356.00 in prejudgment interest.