Top Plaintiffs' Verdicts by Dollar: Soto et al. v. A Best Products Company et al.

The family of a Los Angeles auto worker won nearly $39 million in a wrongful death trial last summer in a case that pitted plaintiff's attorney Simona A. Farrise against a host of auto parts manufacturers.

In 2009, Secundino Medina became one of thousands of people diagnosed with mesothelioma after working with asbestos-laden automotive clutches manufactured by Borg-Warner Corp. - now BorgWarner Morse Tec Inc. - according to Farrise.

"For the most part, BorgWarner has gotten away with what it did ... because the hazard is buried within automobiles made and sold by large car makers such as General Motors," Farrise of Los Angeles-based Farrise Law Firm PC wrote in an email.

BorgWarner argued that its products were not defective and instead blamed General Motors for Medina's death.

After a five-week trial and three days of deliberation, the jury awarded almost $6.5 million in damages to Medina's family, plus $32.5 million in punitive damages.

The panel placed 35 percent of the blame on BorgWarner, with another 40 percent on General Motors. Asarco LLC, a smelting and refining company, was found to be 25 percent liable for Medina's death. Soto et al. v. A Best Products Co., et al., BC432930 (L.A. Super Ct., filed Nov. 12, 2010).

Some of the damages were later reduced, and plaintiffs' overall award ended up just north of $35 million.

BorgWarner has brought in heavyweight appellate attorney Theodore Boutrous Jr. of Gibson, Dunn & Crutcher LLP to handle its appeal. Three plaintiffs have also filed a cross appeal.

Steven M. Mitchel of Booth, Mitchel & Strange LLP, who represents BorgWarner, declined to comment.

- OMAR SHAMOUT

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