This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Product Liability
Asbestos Exposure

Thomas Halsema and Elizabeth Halsema v. Allied Packing et al.

Published: Nov. 11, 2006 | Result Date: Jun. 12, 2006 | Filing Date: Jan. 1, 1900 |

Case number: 05-236661 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Cheryl L. White


Defendant

Robert L. Nelder
(WFBM LLP)


Experts

Plaintiff

John P. Templin
(technical)

Charles W. Ay
(technical)

Samuel P. Hammar
(medical)

Barry R. Horn M.D.
(medical)

James R. Millette
(technical)

Robert D. Johnson
(technical)

Arnold R. Brody Ph.D.
(technical)

Defendant

James Crapo
(medical)

Douglas P. Fowler
(technical)

Frederick Toca
(technical)

William S. Breall
(medical)

James P. Delaney
(technical)

Michael Matteson
(technical)

Facts

Plaintiff Thomas Halsema was exposed to asbestos-containing products from many sources while working aboard destroyers and nuclear-powered submarines in the Navy from 1952 until 1962, and for Electric Boat, a nuclear-powered submarine manufacturer from 1963 to 1988. He developed malignant mesothelioma and sued John Crane Inc., a manufacturer of packing and supplier of gasket products, for product liability.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant manufactured products which he used in the Navy or while at Electric Boat, that exposed him to asbestos and caused him to develop mesothelioma.

DEFENDANT'S CONTENTIONS:
Defendant contended that only a small portion of plaintiff's total asbestos expose could be attributed to its packing and gaskets. It claimed that plaintiff's exposure was insignificant and equivalent to the level of exposure a person would have from the air around him over the course of a lifetime. It contended that plaintiff's disease was the result of his exposure to thermal insulation products manufactured by other companies and used by the Navy and Electric Boat.

Specials in Evidence

Plaintiff sought $132,000 in past medical expenses. Plaintiff requested $415,000 in lost earnings. Plaintiff requested $50,000 to $150,000 for future medical expenses.

Damages

Plaintiff sought an unspecified amount for pain and suffering, and his wife sought an unspecified amount for loss of consortium.

Injuries

Plaintiff was diagnosed with malignant mesothelioma in 2005, and his life expectancy from that point was less than two years. His normal life expectancy would have been nine to ten years longer. Plaintiff has undergone chemotherapy treatment.

Result

The jury found that plaintiff's exposure to defendant's products was not a substantial factor in increasing his risk of developing mesothelioma.

Other Information

Plaintiff also filed suit against numerous other companies. However, by the beginning of trial, only defendant and Garlock Sealing Technologies remained party to the suit. The other defendants had either been dismissed or settled for unknown sums. Garlock settled with plaintiff during the first week of trial, leaving only the claims against the defendant to be submitted to the jury. Plaintiff has not moved for a new trial.

Deliberation

one day

Length

four weeks


#114419

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390