Facts

Plaintiff Richard F. Moran III was a career refractory salesman for Combustion Engineering, Kaiser Refractories, A.P. Green and Pryor Giggy from 1964 to the present. Plaintiff filed suit against the refractory manufacturer, Foster Wheeler Energy Corp., claiming its products contained asbestos.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed exposure to asbestos in his work as a refractory salesman from approximately 1964 to mid-1980. While he continued working in the industry thereafter, his asbestos exposure ceased in about October 1980. Plaintiff claimed that Foster Wheeler manufactured more than 50 percent of the boilers and heaters that he sold refractories for, removed from and/or installed. Plaintiff claimed that Foster Wheeler's product contained asbestos and was the cause of his mesothelioma.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff was a sophisticated user of defendant's products.

Settlement Discussions

Plaintiff demanded $1.5 million. Defendant offered $0. Plaintiff's last demand to defendant Foster Wheeler was $500,000. Defendant offered $100,000.

Result

Defense verdict. The jury found that Moran was a sophisticated user of the asbestos-containing refractory materials that he sold and was otherwise exposed to, negating the manufacturer's duty to plaintiff.

Other Information

According to plaintiff, 8 other defendants settled the case with plaintiff prior to or during the trial. Plaintiff is filing a motion for New Trial. FILING DATE: July 26, 2011.

Deliberation

one hour

Poll

12-0

Length

14 days