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    • Ernesto Escamilla, Maria Escamilla v. Kaiser Gypsum, Kelly-Moore Paint Co. Inc., Viking Pump

    Aug. 24, 2004
    Verdicts and settlements
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    Personal Injury
    Toxic Exposure
    Asbestos

    Ernesto Escamilla, Maria Escamilla v. Kaiser Gypsum, Kelly-Moore Paint Co. Inc., Viking Pump

    Published: Aug. 24, 2004 | Result Date: Jun. 16, 2004 | Filing Date: Jan. 1, 1900 |
    Case number: BC303900 Verdict –  $0

    Judge

    Ricardo A. Torres

    Court

    L.A. Superior Central West


    Attorneys

    Plaintiff

    Saar Swartzon

    Troyce G. Wolf

    Jonathan Smith-George


    Defendant

    Mark D. Sayre

    Peter B. Langbord
    (Foley & Mansfield PLLP)

    Catherine Golden

    Julie A. Torres

    Stephen J. Foley

    Patrick Lamb


    Experts

    Plaintiff

    James G. Dahlgren M.D.
    (medical)

    Phillip John Templin
    (technical)

    Ronald Natale
    (medical)

    Arnold R. Brody Ph.D.
    (medical)

    Defendant

    Lawrence A. Baker
    (medical)

    Allan Feingold
    (medical)

    William Dyson
    (technical)

    Charles A. Weaver
    (technical)

    Robert B. Cameron
    (medical)

    Paul Cherry
    (technical)

    William G. Hughson
    (medical)

    Gary Cecchi
    (medical)

    Facts

    Ernesto Escamilla was diagnosed with a non-small cell lung cancer which his thoracic surgeon, Dr. Robert B. Cameron, opined was caused by his exposure to asbestos-containing products while employed as an electrician in the Southern California area from 1963 until his retirement in 1997. Specifically, as to the defendants Kaiser Gypsum and Kelly-Moore Paint Co. Inc., the plaintiff claimed that he was exposed to joint compound products; and as to Viking Pump, the plaintiff claimed that he was exposed to asbestos-containing gaskets used in conjunction with Viking Pump. Generally, he also claimed that he was exposed to a variety of asbestos-containing products, including asbestos cement pipe, joint compounds, pipe covering, insulating cement, boilers, turbines, pumps and manufacturers by other entities.

    Settlement Discussions

    The plaintiffs demanded $2 million from Kelly-Moore Paint Co. Inc., then reduced to $650,000 immediately prior to trial.

    Damages

    The plaintiff asked for $9 million in pain and suffering damages. The plaintiff asked that Kaiser-Gypsum be held responsible to pay 25 percent, Kelly-Moore 50 percent, and Viking Pump 1 percent. The plaintiff sought a finding of malice, oppression, and fraud against Kaiser-Gypsum and Kelly-Moore in order to take punitive damages against these defendants.

    Result

    Defense verdict as to all defendants, and all issues, no design defects, no failure to warn, no negligence, no malice, no oppression or fraud.

    Deliberation

    four hours

    Poll

    not polled

    Length

    20 days


    #107611

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