Facts

Plaintiff Lanette Lopez filed suit against defendant The Hillshire Brands Co., in relation to the death of her husband, Mark Lopez, who died of mesothelioma.

Plaintiffs also included decedent's adult children.

PLAINTIFFS' CONTENTIONS: Plaintiffs claimed decedent died of mesothelioma caused by the negligent use of asbestos at a sugar refinery once owned by Hillshire Brands. As a child, decedent lived with his father, Ernest Lopez, in employee housing owned by Hillshire. Plaintiffs contended that the home was a few hundred yards from Hillshire’s refinery.

At trial, plaintiffs presented evidence showing that Hillshire routinely worked with asbestos, without safety precautions, such that the refinery, the surrounding area, and the workers’ homes were contaminated.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations. Defendant argued that it was not negligent in its use of asbestos.

Result

The jury found in favor of the plaintiffs in the amount of $12,958,46, which included $11,000,000 for non-economic damages and $1,958,461 for economic damages. The jury found that Hillshire was 100 percent at fault and concluded that Hillshire was negligent and that Lopez was exposed to asbestos from Hillshire's facility.

Deliberation

five hours

Poll

9-3 on non-economic damages

Length

three weeks