Facts

William Webb, 66, was diagnosed with mesothelioma, a cancer of the lining of the lungs. Webb started working with asbestos-containing brakes when working as a teen on his father's and his father's partners' dump trucks used for hauling asphalt. Webb claimed that they did about three brake jobs per year, and that the brakes used were Bendix (now Honeywell International), and some of them were bought from The Pep Boys.

In 1969, Webb again began working at Pyramid Pipe & Supply, where he worked around and handled transite pipe manufactured by Johns-Manville. In the later 1970s, the crocidolite fibers in the transite pipe were supplied to Johns-Manville by Special Electric/Special Materials.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that his mesothelioma was caused by his exposure to asbestos from brake work on dump trucks and his handling the transite pipe at his place of employment. He claimed that each exposure was above background levels of ambient asbestos, and therefore, contributed to his increased risk of getting the disease.

DEFENDANTS' CONTENTIONS:
Special Electric Company claimed that Webb could not prove that he was exposed to asbestos that it supplied to Johns-Manville in Long Beach.

The Pep Boys argued that it did not sell dump truck brakes of the kind Webb worked with, so plaintiff was not exposed to asbestos from any product The Pep Boys sold.

Defendant also contended that if Webb was exposed to fibers from a product purchased from The Pep Boys, his exposure would have been so small that it should not be found to be a substantial factor in causing his disease.

Specials in Evidence

$95,000 none $1,040,000 $50,000 to $150,000

Damages

Jacqueline Webb made a claim for loss of consortium.

Injuries

Webb suffered terminal mesothelioma. Webb responded well to chemotherapy, and he is currently doing well, while still working and playing racquetball.

Result

Plaintiffs obtained a verdict of economic damages against Special Electric Company of $1,004,695 and for 18 percent of $4 million of non-economic damages. The Pep Boys Manny Moe & Jack of California obtained a defense verdict. Defendant Honeywell International settled during closing arguments.

Other Information

The case went through a mandatory settlement conference with Judge Edward Ferns in the Los Angeles Superior Court, without success for the three defendants, which went through the trial. Post trial motions are expected by Special Electric Company, including motions for new trial and judgment notwithstanding the verdict, and on appeal if those are denied. Johns-Manville was apportioned 49 percent of the fault, along with seven other non-parties getting apportioned some percentage of fault. The Pep Boys was found not liable. FILING DATE: April 16, 2010. On March 16, 2011, the court granted Special Electric's motion for a nonsuit, effectively throwing out the jury's verdict in this case. The order is tentative and subject to further briefing and a hearing, to be held sometime next month; however, unless the court reverses its tentative, Special Electric will be entitled to the entry of a judgment in its favor.

Deliberation

four days

Poll

12-0 (liability), 10-2 (damages)

Length

21 days