Dale Hooper v. Chevron USA Inc.
Published: Nov. 5, 2005 | Result Date: Aug. 15, 2005 | Filing Date: Jan. 1, 1900 |Case number: RG04171297 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Ruth D. Kahn
(The Law Offfices of John A. Hauser)
Lawrence P. Riff
(Los Angeles County Superior Court)
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
Richard Cohen
(medical)
Kenneth Cohen
(technical)
Elliott Kagan
(medical)
Daniel T. Teitelbaum
(medical)
Peter F. Infante M.D.
(medical)
Defendant
Pamela Williams
(technical)
John M. Bennett
(medical)
John Whysner
(medical)
Mark Van Ert
(technical)
David J. Weiner M.B.A., AM
(technical)
Facts
Dale Hooper, a 57-year-old pipe fitter, worked for Catalytic Construction Co. from 1972 to 1975. During that
time, he was assigned to the Firestone Tire & Rubber Company plant in Salinas. The plant received its
principal supply of hydrocarbon thinners and solvents, about 250,000 gallons per year, from Chevron U.S.A.
Inc. The materials, which were used during the manufacture of tires, contained benzene.
Hooper was diagnosed with B-cell non-Hodgkin's lymphoma in February 1997. He went into clinical remission
after a course of chemotherapy. However, in October 2004, he was diagnosed with T-cell non-Hodgkin's
lymphoma. As of the trial date, he had received two courses of chemotherapy and undergone a stem-cell
transplant to treat this latest illness.
Hooper sued Chevron, alleging negligence, strict products liability (including design defect/consumer expectation
test, and marketing defect theories), and intentional tort for concealment. Hooper dismissed the negligence
claim at trial.
Settlement Discussions
Hooper demanded $750,000, raised to $1.5 million just before closing argument. Chevron offered $100,000.
Specials in Evidence
$225,000
Damages
Hooper sought $225,732 for past and future loss of household services. He sought $800,000 for past pain and suffering from 1997 to 2004.
Result
The jury found that Chevron's chemical thinners and solvents were defective in that they failed to perform as safely as would be expected by an ordinary user; and did not adequately warn or instruct. However, the jury found that they did not cause Hooper's 1997 lymphoma. As a result, the jury did not reach the question whether the 1997 lymphoma caused the 2004 lymphoma, or if it was a substantial factor in causing it.
Other Information
Both sides made and rejected statutorily required offers to compromise, so that Chevron was entitled to recover its costs and reasonable expert witness fees as allowed by the trial court.
Deliberation
two days
Length
six weeks
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