Randolph Morton et al. v. 3M Company et al.

Product liability

Los Angeles County

Superior Court Judge H. Chester Horn Jr.

Plaintiffs’ lawyers: Farrise Law Firm, Simona A. Farrise; Law Office of H.W. Trey Jones, H.W. Trey Jones

Randolph Morton, a former engineer in his 70s, was diagnosed with stage IV lung cancer, which he believed was caused by longtime exposure to asbestos. Morton sued Pneumo Abex Corp. and Hennessy Industries after alleging that his cancer was caused by his use of AMMCO’s brake grinder in the 1960s.

Morton asked for more than $5 million, arguing that the brake grinder manufactured by Hennessy Industries contained asbestos, and the company failed to disclose the hazards of asbestos exposure. Randolph and Edna S. Morton v. 3M Company, a/k/a Minnesota Mining & Manufacturing Co., Hennessy Industries, et al BC702643 (L.A. Super. Ct., filed April 18, 2018)

The defense had several contentions and was ready to fight. Gordon Rees Scully Mansukhani LLP partner Robert A. Rich and senior counsel Robert C. Rodriguez argued that Morton’s lung cancer was the result of a genetic condition, as Morton suffered from epidermal growth factor receptor cancer, for which he tested positive.

Different medical issues also arose in the case. There were several questions about the levels of asbestos exposure that can cause cancer, the types of asbestos fibers that cause cancer, and whether Morton used the grinder correctly.

“Mr. Morton is a wonderful gentleman. He was a divorced father of two, and now a grandfather. I told the jury I wished he was a member of my own family,” Rich said. “But at the end of the day, facts are facts.”

The plaintiffs’ team could not be reached for comment.

Hennessy’s defense team, headed by Rich and Rodriguez, argued that AMMCO acted reasonably and prudently throughout the relevant time period, and also maintained that Morton’s limited asbestos exposure from brakes was insufficient to increase his risk of developing lung cancer.

After seven weeks of trial, the jury rendered a verdict in favor of the defense, and found that the lack of adequate warnings wasn’t a substantial factor in causing Randolph’s injuries, and that Hennessy’s brake grinder lacked potential known or knowable risks.

Los Angeles County Judge H. Chester Horn Jr. presided over the case.

Morton was represented by Simona A. Farrise of Farrise Law Firm and H.W. Trey Jones of the Law Office of H.W. Trey Jones.

The case was tried during a contentious time where asbestos-related product liability cases involving pharmaceutical companies, tire companies and the like were resulting a mix of results around the nation for plaintiffs and defendants, but Rich said it made his case all the more interesting.

“You have to fight for every inch,” Rich said. “It was a long trial. Trials can go either way. The plaintiff lawyers we were up against were excellent and well prepared, so there is never a guarantee of who might win. But the jury was very attentive and came to the right conclusion.”

Rich, who is also an instrument rated pilot and often piloted his single engine Beechcraft airplane, likened his trial methods to his flying methods.

“I use a lot of the same skills in flying and trying cases,” Rich said. “There is a checklist, like lowering your landing gear, remembering to switch your fuel tanks. It’s the same for trials: mark your exhibits in advance, ensure you have prior transcripts from witnesses. It’s all about preparation. It’s fun to use the same kind of skills as you do flying.”

—Gina Kim