Facts

In January 2004, plaintiff James Morrison, who had never been a smoker, was diagnosed with terminal stage IV lung cancer. James was exposed to asbestos during the 1970s and 1980s while performing maintenance on defendant Copeland's compressors in Fresno.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that plaintiff James' cancer was caused by the totality of his asbestos exposure, including from scraping asbestos gaskets from defendant Copeland's refrigeration compressors. Plaintiffs also contended that defendant Copeland knew of the dangers associated with asbestos from its gaskets but never warned users or mechanics.

DEFENDANT'S CONTENTIONS:
Defendant Copeland contended that there was no appreciable asbestos exposure during maintenance of its compressors, and that James' cancer was the result of a special genetic condition, not a result of his exposure to asbestos.

Injuries

Terminal stage IV lung cancer.

Other Information

Defendant Copeland was found 12.4 percent liable due to its defective products, failure to properly warn of asbestos hazards, and negligence; plaintiff James Morrison was found 12.3 percent at fault; and all other defendants were found to be 75.3 percent liable. The jury found that plaintiff suffered $2,526,000 in lost income and medical expenses. Plaintiff was also awarded $2,250,000 in pain and suffering. Plaintiff Mrs. Morrison was awarded $375,000 for loss of James' care, comfort and society. This is the first verdict in the United States involving asbestos exposure from defendant Copeland's refrigeration equipment.

Deliberation

six days

Length

17 days