Facts

Plaintiff Jeanette Brady, 61, claimed that she developed peritoneal mesothelioma as a result of asbestos brought home by her former husband who ground Genuine Parts Company relined brakes while working at a NAPA auto parts store near Fresno.

Plaintiff claimed that asbestos would get onto her husband's work clothes which she laundered, and this was the only claimed exposure to asbestos in her lifetime.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the only known cause of peritoneal mesothelioma is exposure to asbestos and that all forms of asbestos are capable of producing all forms of mesothelioma. Plaintiff further contended that chrysotile asbestos-containing friction material used by Genuine Parts Company to reline brakes was manufactured and supplied by Pneumo Abex.

DEFENDANT'S CONTENTIONS:
Defendant contended that peritoneal mesothelioma is a different and rarer disease than the more common, but still rare, pleural mesothelioma.
Evidence was presented that in 75 percent to 95 percent of the reported cases of peritoneal mesothelioma in women, the disease has not been shown to be associated with exposure to asbestos. In those cases where there is an association to asbestos, it is only with the amphibole form, not chrysotile asbestos, which was historically used in brake material.

While the cause of plaintiff's peritoneal mesothelioma could not be determined, the defendant argued that given the very remote and questionable exposure to chrysotile, asbestos was not the cause of plaintiff's disease.

Settlement Discussions

Plaintiff made a CCP 998 demand of $2 million to Pneumo Abex, and did not indiciate that she would settle for any amount less than seven figures.

Damages

Plaintiff, who was working full time when she was diagnosed, claimed economic damages in lost income, household services, and medical expenses.

Result

Defense verdict.

Other Information

FILING DATE: Aug. 12, 2009.

Deliberation

1.5 days

Poll

12-0 (defense)

Length

10 days