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ARTICLE ID 189189

DEFENDANT’S Asbestos – for remaining defendant concerning warehouse owner’s long term exposure to toxic joint compounds and cement – Peritoneal mesothelioma.

Alameda County Superior Court

In this matter, a man sued several makers of asbestos-containing products after developing cancer. All but one company settled or was removed from the suit by the time of verdict.

In the 1960s and 70s, the plaintiff Daniel S., a 53-year-old warehouse owner, alleged that he was exposed to joint compounds and cement products containing asbestos while performing drywall work on residential projects in Merced, California. The plaintiff suffers from peritoneal mesothelioma.

The plaintiff filed suit in the Alameda County Superior Court in Oakland, California. Five manufacturers of asbestos-containing products were named as defendants, including Basco Drywall and Printing and Kelly-Moore Paint Company. The plaintiff sought damages for defective product and failure to warn. The plaintiff brought expert testimony from Dr. Barry Horn, Dr. Arnold Brody, and Robert Johnson. The defendant Kelly-Moore brought experts Dr. Victor Roggli, Dr. William Dyson, Ed Van der Bogert, and Laura Dolan.After three weeks of trial and nearly two hours of deliberation, the jury returned an 11-1 defense verdict on behalf of Kelly-Moore, who was at that time the only defendant remaining.

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