David Fowers v. Garlock Sealing Technologies Inc.
Published: Jun. 21, 2005 | Result Date: Apr. 6, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC318781 Verdict – $10,309,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Patrick A. DeBlase
(DeBlase Brown Eyerly LLP)
Defendant
Experts
Plaintiff
Richard A. Lemen
(medical)
Richard L. Hatfield
(technical)
James Robb
(medical)
Defendant
Allan Feingold
(medical)
Donna Ringo
(technical)
Frederick W. Boelter
(technical)
Facts
The plaintiff David Fowers was exposed to the defendant's asbestos-containing gaskets during his work as a machinist in the U.S. Navy from 1940 to 1960. As a machinist, the plaintiff frequently removed and replaced Garlock gasket material from pipe flanges aboard Navy ships. Garlock's gaskets contained as much as 85 percent chrysotile asbestos. The plaintiff was diagnosed with mesothelioma (a fatal cancer of the lining of the lungs caused by asbestos inhalation) in February 2004 and was given 6 to 18 months to live by his doctors.
Settlement Discussions
Prior to trial, the plaintiff's demand was $3 million and the defendant's offer was $60,000. After jury selection, the defense offered $120,000. The case settled after the jury's compensatory verdict and before the jury's punitive damages phase deliberations.
Result
Total verdict of $10,309,000 ($309,000 past and future economic damages; $5 million past non-economic damages; $5 million future non-economic damages). The jury found the defendant 100 percent at fault for the plaintiff's injuries. The jury also found that the defendant was guilty of fraud, oppression and malice.
Deliberation
2.5 days
Length
11 days
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