Dennis Woodard, Myra Woodard v. Alfa Laval Inc., et al.
Published: Feb. 21, 2009 | Result Date: Feb. 3, 2009 | Filing Date: Jan. 1, 1900 |Case number: BC387774 Verdict – $16,925,000 (gross); $1,651,111 (net); defense (Sepco)
Court
L.A. Superior Central
Attorneys
Plaintiff
Kevin M. Loew
(Waters & Kraus)
Gary M. Paul
(Waters, Kraus & Paul)
Defendant
Jerry C. Popovich
(Hawkins, Parnell & Young LLP)
Experts
Plaintiff
W. Roy Smythe
(medical)
Carl Brodkin
(medical)
Arnold Moore
(technical)
Arnold R. Brody Ph.D.
(medical)
Defendant
David P. Sargeant Jr.
(technical)
Samuel Forman
(technical)
Frederick W. Boelter
(technical)
G. Michael Michael Graham
(medical)
Facts
Plaintiff Dennis Woodard, 66, worked aboard vessels for the defendant U.S. Navy between 1961 and 1965. After basic training, Woodard was assigned as a electrician's mate and a fireman apprentice electrician. As an electrician's mate, Woodard worked in the engine and boiler rooms where he was directly exposed to various high-temperature components such as valves, steam lines, pumps, and turbines. Woodard would perform routine repairs and maintenance, which included removing, replacing, and re-installing parts that contained asbestos or were covered in asbestos insulation; Woodard was not assigned protective gear. After completing his electrician training, Woodard was assigned as an electrician's mate and continued to work with asbestos containing parts in the engine and boiler rooms.
In January 2008, Woodard was diagnosed with malignant pleural mesothelioma and its rapid progress forced Woodard to resign from his employment as city manager for Hewitt, Texas. Woodard resigned 90 days after diagnosis.
Woodard and his wife, Myra Woodard, filed suit against defendants Crane Co., Sepco and a number of other equipment manufacturers who settled before and at the start of trial.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the defendants manufactured and used the asbestos-containing products that caused his illness. Plaintiffs' contentions included that defendants' products were defective, and that defendants were negligent and failed to warn Woodard or the U.S. Navy that the product was dangerous.
DEFENDANTS' CONTENTIONS:
Sepco Corporation contended that they did not supply the products in question and were not liable. Crane Co. argued that the small amounts of asbestos used in their products would not have caused Woodard's illness and contended that the U.S. Navy, in particular, was a "sophisticated user" and should have provided protective gear.
Injuries
Woodard suffered injuries including pain and malignant pleural mesothelioma, which required two radical surgeries. Jeannie Woodard claimed loss of consortium.
Result
The jury found for the plaintiffs against Crane Co., who was apportioned one half of one percent liability, in the amount of $16,925,000, which included $1,925,000 in economic damages, $12,500,000 for pain and suffering, and $2,500,000 for loss of consortium. The jury found in favor of Sepco Corporation, with no liability awarded.
Other Information
FILING DATE: March 21, 2008.
Deliberation
2.5 days
Length
17 days
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