Facts

Plaintiff Joyce Motheral was married for 53 years to decedent, Gail Motheral, a 75-year-old pipe-layer foreman before his death due to mesothelioma.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged decedent was exposed to Calaveras asbestos fiber (defendant) contained in Certainteed piping while working as a foreman for A.J. Portanova, a water and sewer pipe contractor, during 1976 and 1986. Plaintiff alleged that the exposure of Calaveras fiber was a substantial factor in causing decedent's mesothelioma.

DEFENDANT'S CONTENTIONS:
Defendant argued numerous defenses: lack of exposure evidence; the chrysotile defense; the importance of earlier amphibole exposure during decedent's WWII service; the presence of adequate warning on the bags of Calaveras fiber and Certainteed pipe; and negligence of plaintiff's employer during 1976 to 1986 when work was regulated by OSHA.

Result

The jury returned a verdict in favor of defendant. The jury found defendant negligent, but found negligence was not a substantial factor in causing the mesothelioma. On products liability, the jury found that the product, asbestos cement pipe, performed as safely as the ordinary consumer would have expected during the time period.

Other Information

Trial started with a number of wrongful death mesothelioma cases which were then consolidated for trial against multiple defendants. All other cases were settled against defendants during trial.

Length

four weeks