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CONFIDENTIAL

Oct. 26, 1996

Personal Injury (Non-Vehicular)
Abduction
Asbestos Exposure

Confidential

Settlement –  $15,000

Judge

Donald S. Mitchell

Court

San Francisco Superior


Attorneys

Plaintiff

Francine S. Curtis

Philip A. Harley

Raymond P. Boucher
(Boucher LLP)


Defendant

John R. Brydon
(Demler, Armstrong & Rowland LLP)

William W. Alexander


Experts

Plaintiff

Samuel P. Hammar
(medical)

Barry R. Horn M.D.
(medical)

Barry Ben-Zion Ph.D.
(technical)

Charles W. Ay
(technical)

Allan H. Smith
(medical)

Defendant

Elliott Hinkes
(medical)

Richard Webb
(medical)

Facts

The plaintiff husband, an 82-year-old retired _____________ (former occupation), claimed asbestos exposure in the shipyard during World War II, at refineries when the insulation was used and while working with asbestos/cement transite pipe. On /19, the plaintiff was diagnosed with lung cancer. A tissue biopsy was found numerous asbestos bodies in tissue, surgical removal of cancer occurred. The plaintiffs husband and wife, brought this action against the defendants, the manufacturer of the _________ (Owens Corning's/role???) and the plaintiff husband's former employer (Kubota??), based on product liability, failure to warn, design defect and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $32,500, reduced to $25,000 raised to $60,000. The defendants made an initial settlement (combined???) offer of $20,000.

Specials in Evidence

$50,000 $80,000 $50,000

Injuries

The plaintiff husband alleged he suffered lung cancer, requiring surgery. The plaintiff wife alleged she suffered loss of consortium.

Other Information

The settlement was reached approximately ____ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/1996 before ____________ (name) of ___________ (affiliation or court) resulting in ______________ . The jury was also found that no harm was suffered before June 3, 1986. Defendant pipe manufacturer filed a motion to recover costs. The plaintiff pathologist expert testified that the plaintiff's lung sample contained too many asbestos bodies to count. Per the plaintiff, all doctors confirmed that asbestos causes cancer. The pulmonologist stated smoking history was too remote to be cause and 50/50 chance that cancer would recur. The defendant expert testimony stated that there was not enough exposure to asbestos to be a cause of cancer; that smoking was most likely cause; that the plaintiff has severe emphysema from smoking and that the plaintiff more likely to pass away from some other cause than cancer of lungs. The experts disputed whether the lung cancer was likely to recur and whether it will be terminal. Settlement offsets exceeded $100,000 and exceeded the jury award.

Deliberation

5+ days

Poll

12-0

Length

5 weeks


#78869

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