Yvonne McPherson v. Southern Pacific Transportation Co.
Published: Sep. 14, 1996 | Result Date: Jul. 29, 1996 | Filing Date: Jan. 1, 1900 |Case number: 922374 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Gilbert L. Purcell
(Brayton & Purcell)
Defendant
John D. Feeney
(Union Pacific Railroad Co.)
Experts
Plaintiff
Allan H. Smith
(medical)
Carolyn S. Ray
(medical)
Kenneth Cohen
(medical)
Richard Cohen
(medical)
Defendant
Larry Liukonen
(medical)
Elliott Hinkes
(medical)
Gerald C. Meyers
(medical)
Facts
On March 22, 1991, decedent Earl McPherson Sr., a 77-year-old railroad pipefitter, died of lung cancer. The decedent had a significant smoking history, but also had a history of occupational exposure to asbestos while employed by defendant Southern Pacific Railroad from 1947 to 1975. Defendant Southern Pacific did not require the decendent to use protective equipment, such as a respirator or mask while working around asbestos and did not take dust counts or ever advise the decedent of the damages of asbestos. The plaintiff, the decedent's wife, brought this action based on wrongful death theories of recovery.
Settlement Discussions
The plaintiff made a final settlement demand for $175,000. The defendant made a final settlement offer of $75,000.
Specials in Evidence
$17,500 $75,000
Damages
The plaintiff claimed loss of railroad retirement benefits, hopital bills and loss of home services.
Injuries
Death of husband.
Other Information
The verdict was reached approximately five years and one month after the case was filed. This case was tried in a group of approximately eight other wrongful death/ asbestos/lung cancer cases. Southern Pacific was a defendant in another case which was part of this group. The name of that case was Williams v. S.P. The judge granted Southern Pacifics motion for nonsuit in that case.
Deliberation
2+ days
Poll
9-3 (no negligence)
Length
2 months
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