James Efstratios Sr., Rose Efstratios v. John Crane Inc.
Published: Sep. 6, 2001 | Result Date: Jul. 17, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC226519 Verdict – $4,438,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Stephen J. Healy
(Law Office of Stephen J Healy)
Defendant
Daniel J. O'Connell
(Law Offices of Daniel J. O'Connell)
Experts
Plaintiff
David P. Deutsch
(medical)
Barry Ben-Zion Ph.D.
(technical)
Allan H. Smith
(medical)
Kenneth Cohen
(technical)
Carolyn S. Ray
(medical)
James R. Millette
(technical)
Defendant
Bruce W. Case
(medical)
Michael Matteson
(technical)
James Crapo
(medical)
Frederick Toca
(technical)
Facts
James Efstratios Sr., began working for General Electric just prior to World War II on their aircraft engine
assembly line as a coil winder, only to return to General Electric after his three years of service in the United
States Navy in the Pacific Theatre, where he was a signalman. Changing duties at General Electric twice, he
also worked as a plumber, and finally as a steamfitterÆs helper in 1956. James Efstratios Sr., 77, suffers from
mesothelioma, an invariably fatal cancer involving the lining of the lungs, which is caused by asbestos. He was
diagnosed in November 1999. The defendant, John Crane Inc., manufactured and supplied asbestos products,
including packing and gaskets, which James Efstratios Sr. used for 12 for 15 months working at a Lynn,
Massachusetts, power plant owned by General Electric.
The defendant contended that James Efstratios Sr. did not suffer any significant
exposure to respirable asbestos from any of their products, misidentified their products, and if he
had any exposure to their products, it didnÆt medically contribute to his disease because
chrysotile asbestos, the type of asbestos used in their products, does not cause mesothelioma,
as does amosite asbestos which was in the thermal insulation products James Efstratios Sr. was
exposed to at the General Electric power plants and on destroyers while serving in the United
States Navy during World War II.
Settlement Discussions
The plaintiffsÆ pretrial demand was $49,999. The defendant offered no money in settlement with an indication that they may consider a mutual waiver of costs. Approximately $500,000 was received prior to trial from other manufacturer defendants.
Other Information
John Crane Inc. filed several motions which had a significant influence on the time when presentation of evidence commenced. John Crane Inc. moved for a continuance of the original March 16, 2001, trial date, based on what they claimed was new evidence, and the continuance was granted over objections from the plaintiffs that argued that John Crane Inc. had simply done an inadequate job of conducting pretrial discovery and investigation of the facts. Under California law, had James Efstratios Sr. died during this procedural delay, John Crane Inc., would not have been liable for any of his pain and suffering damages, which do not survive death.
Deliberation
2.5 days
Poll
10-2 (medical causation), 11-1 (economic), 10-2 (non-economic), 10-2 (loss of consortium)
Length
three weeks
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