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ARTICLE ID 195461

$________ – ASBESTOS – PRODUCT LIABILITY – FAILURE TO WARN – WORKER CONTRACTS MESOTHELIOMA DUE TO EXPOSURE TO ASBESTOS FROM PRODUCTS.

Los Angeles County, CA

In this asbestos matter, the plaintiff alleged that the defendant was negligent in failing to warn the decedent and others of the dangers associated with the asbestos contained in its products. The decedent developed mesothelioma as a result of the asbestos exposure and died. The defendant disputed liability, causation, and damages.

The plaintiffs are the wife and children of the decedent. The male decedent was employed by the defendant in its refinery for a period of seven-and-a-half years. During that time – although the decedent did not handle asbestos-containing products – he worked in close proximity to those who did work with these products. In June ________, the decedent began to experience shortness of breath and pain in his left arm and elbow. He believed he was experiencing cardiac problems, but was ultimately diagnosed with mesothelioma. He underwent lung surgery to remove a tumor from his lung, including radiation treatment. The decedent died from mesothelioma in February ________, less than one year after his diagnosis. The plaintiffs brought suit against the defendant and others alleging that the decedent was exposed to asbestos in the barrel reconditioning plant, the filling station, and the warehouse at the defendant’s refinery.

The defendant denied the allegations and disputed liability, causation, and damages. The defendant maintained that the decedent had no direct exposure to asbestos containing products by his own admission, and therefore, there was no liability on the defendant’s part. The defendant also argued that there was no causal relationship between the plaintiff’s mesothelioma and the defendant’s products.

The matter proceeded to trial for a second time.At the conclusion of the 17-day second trial, the jury deliberated for two days for damages. and one-and-a-half hours for punitive damages; and returned its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff the sum of $________ in damages, consisting of $________ in damages, and $________ in punitive damages.

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