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Personal Injury (Non-Vehicular)
Product Liability
Toxic Exposure

Lockheed Litigation Cases

Published: Nov. 11, 1995 | Result Date: Oct. 2, 1995 | Filing Date: Jan. 1, 1900 |

Case number: JCCP2967 –  $10,800,000

Facts

This case was initially an action by 752 workers employed by Defendant Lockheed Corporation during the 1960's through the 1990's. The workers claimed they were injured due to exposure to toxic chemicals manufactured by various Defendant manufacturers and suppliers (Exxon, Dupont, Shell, Ashland, American Cyanamid, 3M, Chase, General Electric, Henkel, Loctite, Devcon, Dykem, Allied, Sprayon, Unocal, Arco, Leeder, and P.R.C.) This trial only involved 14 Plaintiff workers of the 752 in the case. This case was originally tried in 1992 before the Honorable Barney Grover. That trial lasted 9 months and the jury deliberated 3 months. The jury was hung and the case retried. The second trial found 14 companies liable for 10 products; 2 Defendants (Chase and 3M were found not liable) that trial lasted 8 months. Immediately prior to the first trial, Lockheed settled for $33,000,000. During the litigation, 8 other Defendants have settled (for confidential amounts) including Arco, Allied, American Cyanamid, and Sprayon.

Settlement Discussions

Plaintiffs contend the following: prior to the first trial, all 22 chemical Defendants could have settled for a total of $110,000,000 for all 650 Plaintiffs at approximately $5,000,000 per company, and $400,000 per Plaintiff (this demand was withdrawn; prior to this trial, Defendants could have settled for $60,000,000 or approximately $3,000,000 per company (this demand was withdrawn). Defendant Henkel contends that Plaintiffs tendered a demand of $15,000,000 on behalf of all Plaintiffs represented by Girardi and McIntyre; and later increased that figure to $65,000,000.

Injuries

Plaintiffs claimed causal connections between the chemicals and the following (among others): laryngeal cancer; multiple myeloma; prostate cancer; lymphoma and colon cancer; liver disease; central nervous system damage; and peripheral nervous system damage.

Result

In this trial, the jury found 58 products of the Defendants liable. This trial involved 14 Plaintiff workers of the 752 in the case; the jury found causation as to 7 of these Plaintiff workers. The jury found against Exxon, DuPont, Shell, Ashland, American Cyanamid, 3M, Chase, General Electric, Henkel, Loctite, Devcon, and Dykem. Allied and Sprayon had a defense verdict. The jury was hung as to Unocal and Arco. The jury apportioned 55% of the liability to Lockheed. The average percentage of fault attributable to any one remaining Defendant was approximately 5%.

Other Information

Trial for the next 30 Plaintiffs is set for January of 1996.

Deliberation

2 weeks

Poll

varied

Length

6 months


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