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
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
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