Therese Petrini v. Mohasco Corporation
Published: Apr. 17, 1999 | Result Date: Dec. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: 961525 Verdict – $995,432
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
The decedent, John Petrini, age 69 at death, was employed from September 1942 through March 1943 and April 1946 through July 1946 at Bethlehem Steel Shipyard in San Francisco, as an apprentice machinist. Petrini was intermittenly exposed during this 11 month period to asbestos-containing insulation products at the shipyard. Petrini enlisted in the United States Army from 1943-1946 and served honorably in the European Theater. While stationed in France, Petrini met Therese M. Tomasi in 1944 in Argenteuil, France. They were married in France, and returned to the United States in 1946 to be discharged. John and Therese raised four children together. Petrini commenced work as a flooring mechanic in 1951 and worked for various employers in San Francisco until 1963, including Charles Armstrong of Armstrong Carpet and Linoleum. During this period, Petrini routinely installed Armstrong Cork asbestos-containing vinyl tile and sheet vinyl products at residential and commercial job sites throughout San Francisco. Thereafter, Petrini served as a union representative and taught students at John McConnell Trade School. John and Therese ultimately purchased the Armstrong Carpet and Linoleum business from Charles Armstrong in 1969, and operated the business until December 1992 when Petrini was diagnosed with malignant pleural mesothelioma. Petrini and his wife sue numerous flooring manufacturers and distributors and commenced trial in November 1993. They did not sue Volker or Mohasco Corporation in that action. John Petrini died on Dec. 5, 1993 in San Francisco. The parties to that action paid well over $500,000 to Therese Petrini in settlement. Defendant Mohasco Corporation, a national flooring distributor, purchased William J. Volker Company in 1981. The William J. Volker Company, another national flooring distributor, operated a wholesale distribution outlet in the South of Market area in San Francisco from the 1940s through the 1970s. William J. Volker Company was an exclusive distributor of Armstrong Cork Company (later Armstrong World Industries) asbestos-containing vinyl floor tile and asbestos felt backed sheet vinyl products. The plaintiff brought this action against the defendant in 1996, based on strict product liability.
Settlement Discussions
Defendant Mohasco Corporation offered $5,000 before trial. The plaintiff made a C.C.P. º998 offer of $14,995 on July 2, 1996, which was rejected by Mohasco Corporation. The plaintiff offered to settle the case for $250,000, just prior to trial which was also rejected by Mohasco Corporation.
Other Information
Per the defendant, the jury held Mohasco Corporation and Armstrong World Industries, Inc. (a non-party) jointly liable for 8.25 percent of plaintiff's injuries. After settlement apportionments and other adjustments were made post-verdict, judgment was entered against Mohasco in the total amount of $137,659.08, plus costs and prejudgment interest. Mohasco is currently appealing the case.
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