This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Product Liability/FELA
Asbestos

Jenkins et al., v. T&N et al.

Published: Sep. 18, 1993 | Result Date: Aug. 4, 1993 | Filing Date: Jan. 1, 1900 |

Case number: BC056300 –  $2,134,740

Judge

Stephen M. Lachs

Court

L.A. Superior Central


Attorneys

Plaintiff

Thomas D. Thomas


Defendant

Lawrence P. Riff
(Los Angeles County Superior Court)

William J. Sayers

Clinton Fisher


Experts

Plaintiff

Victor Roggli
(medical)

Michael Ellenbrecker
(medical)

Douglas Fowler
(medical)

Barry Castleman
(medical)

Robert R. Johnson
(technical)

Robert D. Johnson
(technical)

Defendant

William G. Hughson
(medical)

Elliott Hinkes
(medical)

John Craighead
(medical)

Facts

Plaintiff Milton Jenkins, now 69 years of age, was exposed to asbestos while employed as a yard clerk at the Defendant St. Louis Southwestern Railway (SSW) in 1942 and 1946-1947, and after he joined the Navy in January of 1943. He was discharged from the Navy in 1945. Thereafter, except for a brief exposure during the Korean War. Plaintiff was diagnosed with malignant mesothelioma in June of 1991. His life expectancy is measured in months.

Settlement Discussions

Plaintiff contends they demanded $2,000,000 and Defendant T&N offered $250,000. Defendant SSW offered $250,000.

Specials in Evidence

$90,000 $77,000

Injuries

Malignant mesothelioma with life expectancy measured in months. Plaintiff's wife, Maxine Jenkins, claimed loss of consortium damages.

Other Information

Defense Verdict as to Punitive Damages.

Deliberation

5 days

Poll

12-0 and 10-2

Length

2 months


#126088

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390