Facts

Plaintiff Don Lee filed suit against Amcord Inc., claiming he was exposed to asbestos while delivering concrete to new housing tracts over a 30-year period.

PLAINTIFF'S CONTENTIONS:
Lee worked in the concrete business from the 1950s until 1990. Plaintiff claimed the work he had to do exposed him to harmful respirable asbestos. Lee contended that Amcord was liable under strict liability, negligence and failure to warn theories. Lee further contended that his life expectancy was shortened due to the asbestosis diagnosis.

DEFENDANT'S CONTENTIONS:
Defendant contended that Lee's "bystander" exposure was trivial, and presented evidence that there was medically insignificant amounts of airborne 2 percent asbestos fibers in the exterior gun plastic cement. Amcord attributed the asbestosis to a series of substantial long-term confined space exposures to other asbestos products, some containing up to 90 percent asbestos. Such exposures included service by Lee as a boiler tender aboard a Navy ship and significant exposure to various joint compounds in new homes for 20 years. Defendant argued that Lee had asbestosis in 2001 as the "B" read was three over three with calcified pleural plaques. Amcord also argued that Lee suffers from irreversible heart disease significantly reducing his life expectancy sole and apart from the asbestosis.

Damages

Lee sought punitive damages in addition to economic and non-economic damages.

Injuries

Plaintiff claimed he suffered asbestosis (life expectancy reduction), loss of pension and Social Security benefits and loss of household services. Plaintiff was diagnosed with an asbestos-related disease and asbestos pleural disease.

Result

Defense verdict.

Other Information

FILING DATE: Nov. 21, 2013.

Deliberation

2.5 hours

Poll

11-1

Length

17 days