McKinney v. Amcord, Inc., et al
Published: Jun. 10, 2000 | Result Date: Jan. 10, 2000 | Filing Date: Jan. 1, 1900 |Case number: 983708 Verdict – $2,955,700
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Robert H. Berkes
(Berkes, Crane, Robinson & Seal LLP)
Barbara R. Adams
(Clark Hill LLP)
Facts
Plaintiffs are the family of a deceased career plasterer who died from lung cancer.
The plasterer had a long work history involving extensive exposure to asbestos. The decedent began work as an
apprentice plasterer in 1951 and remained in that industry through 1983, with the exception of two years when
he served in the United States Navy. He worked primarily for Williamson Plastering of Los Angeles, during
which time he worked with plaster almost daily and that asbestos was added to the plaster by the workers,
even if it was in the product.
Testimony established substantial cumulative exposure via defendantsÆ asbestos-containing gun plastic
cements. At trial, plaintiff contended that neither defendant had placed warning labels or in any other manner
advised users of the presence of the asbestos or the hazards related to asbestos.
Defendant Amcord presented evidence of warnings in the 1970s and that it told buyers that its gun plaster
contained asbestos. The fact that the decedent smoked cigarettes from 1950 to 1996 was an undisputed cause
of his lung cancer.
PlaintiffsÆ expert testified that the multiplicative effect of smoking and asbestos exposure.
The decedent was married in 1952 and had two children. The decedent was diagnosed with lung cancer in
early August, 1996 and died Aug. 18, 1996.
The two defendants manufactured and sold asbestos containing gun plaster. The trial jury found that the two
defendants had manufactured and sold defective products and that they were negligent.
The decent was found to be 50 percent comparatively negligent for smoking.
Settlement Discussions
Defendant California Portland Cement Company offered $10,000 prior to trial. The plaintiff served C.C.P. 998 demands on the defendants; to Amcord for $59,999 and to California Portland Cement Company for $44,999. These demands were rejected to both of the defendants. Just prior to opening statements, the plaintiffs increased their demand to $150,000 per defendant, which was rejected.
Damages
The plaintiffs suffered wrongful death of their father and husband, and the loss of his love, companionship and moral support.
Injuries
The plaintiffs suffered wrongful death of their father/husband, and the loss of his love, companionship and moral support.
Other Information
This case was consolidated with a number of other asbestos-related cases for purposes of judicial economy. However, all of the other consolidated cases settled prior to opening statements. The court granted judgment in favor of defendant CalMat Co., finding it had no liability as a former parent of California Portland Cement Company.
Length
eight weeks
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