Patrick Kelly v. Atlas Turner Inc., et al.
Published: Nov. 17, 2007 | Result Date: Aug. 20, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC306776 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
James P. Nevin
(Brayton Purcell LLP)
Defendant
Thomas G. Scully
(Foley & Mansfield PLLP)
Experts
Plaintiff
Arnold R. Brody Ph.D.
(technical)
Frank M. Ganzhorn
(medical)
Kenneth Cohen
(technical)
Samuel P. Hammar
(medical)
Richard Cohen
(medical)
Defendant
William G. Hughson
(medical)
Facts
On Nov. 28, 2003, decedent Patrick Kelly, a 44-year-old pipe fitter, died of mesothelioma, a cancer of the pleura caused by asbestos exposure. The defendant Bondex, a manufacturer of joint compounds, was the only remaining defendant after several others settled before trial. The decedent's father identified an asbestos-containing joint-compound manufactured by the defendant as a product the decedent was exposed to during home improvement projects over a period of several months.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant's asbestos-containing joint-compound contributed to the decedent's illness and death from mesothelioma.
DEFENDANT'S CONTENTIONS:
The defendant contended that decedent was not exposed to its product, and if he was, it was not a contributing factor to his development of mesothelioma.
Result
Defense verdict.
Deliberation
six hours
Length
3.5 weeks
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