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Torts
Product Liability
Strict Liability, Negligence, Asbestos Exposure

William W. Mansir v. John Crane Inc.

Published: Oct. 8, 2011 | Result Date: Jul. 20, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 37-2010-00104112-CU-AS-CTL Verdict –  $2,400,000

Court

San Diego Superior


Attorneys

Plaintiff

Peter Klausner

Jonathan A. George
(Waters, Kraus & Paul)

David Bricker
(Thornton Law Firm, LLP)


Defendant

Nicole T. Roberts

Robert L. Nelder
(WFBM LLP)


Experts

Plaintiff

David T. Fractor Ph.D.
(technical)

David Bodkin
(medical)

Carl Brodkin
(medical)

Defendant

James Delaney
(technical)

Amy Madl
(medical)

David A. Galbraith
(medical)

Facts

From 1961 to 1971, William Mansir worked in boiler rooms of four Navy ships, serving for the Navy. He cleaned, maintained, and repaired equipment including boilers, pumps, valves, and steam traps. His work involved removing and replacing asbestos containing gaskets and packing material, which John Crane Inc. manufactured. As a result, he inhaled dust particles. In 2010, doctors diagnosed Mansir with mesothelioma. Mansir and his wife, Teri, sued John Crane and Kelly-Moore, which made asbestos-containing joint compounds. Kelly-Moore later settled, leaving John Crane as the sole defendant.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs sued John Crane Inc. alleging that it manufactured and supplied defective and unreasonably dangerous products and that it failed to warn of the dangers associated with the asbestos contained in its products. Plaintiffs argued that the Navy relied on manufacturers who would provide safety products, such as defendant, and that defendant was to blame for the injuries.

DEFENDANT'S CONTENTIONS:
Defendant argued that the Navy was liable instead. John Crane argued that Mr. Mansir did not have malignant pleural mesothelioma. John Crane further argued that because the asbestos in its products were encapsulated, it did not release a significant amount of respirable asbestos fibers, and the type of asbestos (chrysotile) in its products does not cause mesothelioma.

Result

The jury's verdict awarded $2.4 million to plaintiffs, including $1.8 million in past and present non-economic damages.

Deliberation

4.5 days

Length

five weeks


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