Facts

Plaintiff Eugene W. Rollin, Jr., 74, worked as a stillman and rigger at Mobil Oil's Torrance refinery from 1971 to 1996. Rollin and co-workers testified that his work placed him near boilers, valves, pumps and turbines that contained asbestos-coated components. Rollin contended that this bystander exposure caused his mesothelioma, which was diagnosed in May 2007.

Foster Wheeler and Elliott stipulated that only one of their products was present where Rollin worked. Foster Wheeler and Elliott argued the products did not contain asbestos insulation when shipped.

Yarway argued that only two of its valves were present in Rollin's work area, and were not a substantial contributing factor to his illness. Defense also argued that Mobil Oil was responsible because they did not warn of asbestos dangers until the 1980's although it was required by OSHA regulations since 1972.

Result

The jury awarded $9.944 million to a former oil refinery worker, validating his assertion that his proximity to asbestos-containing products during a 25-year career as a stillman and rigger caused his deadly mesothelioma. Eugene W. Rollin, Jr. was awarded $440,000 in economic damages and $6 million for pain and suffering. His wife of 52 years, Elizabeth, was granted $3.5 million for loss of consortium.

Other Information

The judge granted a motion to compel Foster Wheeler to produce documentation. The jury rejected Foster Wheeler's and Elliott's defense argument that the products were not sold to the refinery with asbestos-containing external thermal insulation. Yarway followed a similar argument, saying that only two of its valves were in the vicinity of where Rollin worked. The jury also disagreed with Elliott's and Yarway's contention that even had Rollin been exposed to asbestos in their products, that the exposure was not a substantial contributing factor to his mesothelioma diagnosis. The jury found Mobil Oil 26 percent liable for failing to warn the employees of the danger of asbestos in violation of OSHA regulations. The jury assessed liability at 5 percent for Foster-Wheeler and 2 percent each for Elliott and Yarway. All other defendants had settled prior to trial or verdict for $4.9 million.

Deliberation

1.5 days

Length

16 days