Anthony Villano, Lynda Villano v. Chevron USA Inc., Builders Square and Commerce Distributors
Published: Jan. 25, 2005 | Result Date: Oct. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: 940116 Verdict – $0
Judge
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Lawrence P. Riff
(Los Angeles County Superior Court)
Experts
Plaintiff
Mohammed Abou-Donia
(technical)
Sherry Rogers
(medical)
Defendant
Arthur Stevens
(medical)
Phillip Edelman
(medical)
John Cross
(technical)
Peter Spencer
(technical)
William Chase
(technical)
Facts
On May 17, 1992, the plaintiff, Anthony Villano then aged 47, purchased and applied a pesticide product, Chevron Ortho HomePest (HomePest) to a 10 by 12 foot bedroom in his home to control an infestation of elm beetles. The HomePest product contained 0.5 percent chlorpyifos (Dursban) as its active ingredient, the same concentration used by professional pest control applicators. Villano claimed that he had applied the product over a 15-minute period and that he sprayed approximately one quart of the product during this application. Although the plaintiff experienced no acute adverse health effects from the application, about three days later, he began experiencing bilateral shoulder and arm pain and weakness for which he was evaluated and treated in a hospital emergency room. Thereafter, he began experiencing leg pain and weakness, together with his unresolved arm complaints, for which he was also evaluated and treated in a hospital emergency room. He then began experiencing a constellation of symptoms including sweating, fevers, myalgias, anthralgias, swelling and pain in his extremities, which symptoms appeared transiently, waxing and waning, but never resolving and for which he received ongoing evaluation and treatment through the date of trial. In 1996, Vilano was forced to seek and was awarded a Social Security 100 percent disability rating. He was symptom free prior to his use of the pesticide product. In 2000, the U.S. Environmental Protection Agency, which has plenary regulatory authority over the permitted uses of pesticide products, eliminated the use of chlorpyrifos products in residential settings due to adverse health concerns.
Settlement Discussions
Pre-trial, the plaintiffs demanded $3 million, which was subsequently dropped to $2 million prior to the commencement of trial and to $750,000 on the day of trial. Chevron offered $25,000 prior to trial, which offer was renewed at the conclusion of the plaintiff's evidence.
Damages
The plaintiffs claimed economic damages of $121,000 (past medical) and $112,500 in past and future earnings losses and made unspecified claims for non-economic damages for pain, suffering and loss of consortium.
Other Information
The plaintiffs have indicated an intention to seek post-trial relief from the trial court.
Deliberation
two hours
Poll
6-0
Length
nine days
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