Patten, Wornom, Hatten & Diamonstein, L.C. Secures $2.7 Million Verdict for Virginia Man with Mesothelioma 

A Newport News, VA jury awarded $2,727,417.87 to a man who developed mesothelioma from workplace asbestos exposure. The March 2025 verdict holds VEPCO responsible for failing to protect workers on their property.

This case sends a powerful message: companies must alert people about asbestos dangers on their premises. Even if those workers don’t directly work for them.

Patten, Wornom, Hatten & Diamonstein, L.C. represented the plaintiff against Virginia Electric and Power Company (VEPCO), a major electric utility operating power plants across Virginia. The evidence showed VEPCO knew asbestos was deadly but failed to inform delivery drivers entering the facility of these risks.

Routine Workplace Duties Led to Dangerous Asbestos Exposure

Trial testimony demonstrated that the plaintiff’s exposure did not come from specialized industrial work or asbestos installation. It came from routine job duties that placed him in direct contact with asbestos-containing materials — without warnings or protection.

From 1965 to 1971, the plaintiff worked for Caudle-Hyatt in Hopewell, VA. His job seemed simple — drive a truck and deliver supplies. He delivered thousands of boxes of asbestos insulation to VEPCO’s Chesterfield Power Plant. Each time he opened those cartons, invisible asbestos fibers filled the air around him.

At trial, a materials scientist demonstrated through videotaped testing that opening and handling the asbestos cartons released significant levels of airborne asbestos fibers. Experts confirmed these exposures occurred repeatedly on VEPCO’s premises over several years.

The plaintiff breathed in those fibers every day for six years. Now he has mesothelioma — a cancer that will eventually take his life.

VEPCO Knew About Asbestos Dangers for Decades

Testimony from a medical historian at Columbia University clearly established that VEPCO should have known about mesothelioma and the need to prevent asbestos exposure since 1964.

Virginia recognized asbestosis as a workplace disease back in 1944. Safety procedures for handling asbestos were published in 1943 — nearly 30 years before federal OSHA regulations.

VEPCO had the knowledge and therefore they had a legal duty to warn workers. But VEPCO failed to do so, choosing instead not to act despite having that knowledge.

Asbestos Exposure Isn’t Limited to Traditional Trades

The trial evidence addressed a common misconception about mesothelioma — that only insulation workers or construction crews face a meaningful risk of asbestos exposure. The facts of this case showed otherwise.

This man was a delivery driver. He never installed asbestos. He never worked as a contractor. He simply delivered boxes to a power plant.

A materials scientist showed the jury video evidence. Opening those cartons released massive amounts of asbestos dust; dust you couldn’t see but could still be inhaled and lead to mesothelioma.

Medical experts also testified that the asbestos exposures the plaintiff experienced while delivering materials at VEPCO’s Chesterfield Power Plant were sufficient to cause mesothelioma and were a proximate cause of his disease.

Why This Verdict Is Important to Workers in Virginia 

Under Virginia law, property owners and companies have a duty to inform anyone who may be exposed to known asbestos hazards — not just their direct employees. The jury’s verdict in this case reflects VEPCO’s failure to warn their workers, delivery drivers, and the public — regardless of other settlements reached in the case. That duty extends to a wide range of workers whose jobs bring them onto industrial or commercial sites.

If you worked at a facility where asbestos was present, you may have a case:

• Delivery Drivers: Had a right to know about dangers at every stop.
• Maintenance Workers: Were entitled to warnings from the companies that owned the buildings. 
• Contractors and Vendors: Cannot be denied protection simply because they didn’t work directly for them. 

Patten, Wornom, Hatten & Diamonstein, L.C. Understands Asbestos Cases Inside and Out

Our experienced Asbestos lawyers in Newport News have fought for mesothelioma victims for decades. We represented thousands of workers exposed to asbestos across Virginia and nationwide.

Robert R. Hatten led this case alongside Hugh B. McCormick. Our firm knows how to prove companies knew about asbestos dangers and failed to act.

We understand the medical evidence, and we work with leading scientists who can show juries exactly how asbestos exposure occurs. We know the history of what companies knew and when they knew it.

Time Is Running Out — But You Still Have Options 

The plaintiff in this case is still alive. But mesothelioma doesn’t wait. His doctors testified that this disease will eventually kill him.

If you have mesothelioma or know someone who does, legal action must happen quickly. Virginia has strict deadlines for filing claims.

You might think your exposure was not enough to warrant any health risk or give you sufficient reason to file a claim. You may think you don’t have a claim because the company you worked for isn’t around anymore. This case proves neither excuse holds up in court.

Every day without answers is a day you can’t get back. Every week you wait brings you closer to missing critical deadlines.

If you worked at power plants, industrial facilities, shipyards, or anywhere asbestos was used in Newport News, VA or across Virginia, you need to act now.

Call Patten, Wornom, Hatten & Diamonstein, L.C. at (757) 223-4500 today.
We don’t get paid unless we win your case. Your family deserves justice.

Patten, Wornom, Hatten & Diamonstein, L.C. fights for mesothelioma victims and their families throughout Virginia and nationwide. We also handle catastrophic personal injury cases involving brain injuries, medical malpractice, and dangerous products.