Facts

Plaintiff Tommy Dye claimed that while working as a boilermaker/boiler tender for the United States Navy between 1961 and 1972, he was exposed to boilers and other equipment manufactured or supplied by several companies, which included Foster Wheeler LLC and Asbestos Corporation Limited. This equipment allegedly contained asbestos-containing materials.

The plaintiff's claimed duties included mixing and applying Eagle Pitcher's asbestos insulating cement on a daily basis. He also testified that he was in the vicinity of others who performed similar jobs, or other trades who worked on the interior and exterior of the boilers.

The plaintiff filed an action against several companies that were connected to his work experience alleging products liability. Only Foster Wheeler LLC and Asbestos Corporation Limited remained at the time of verdict.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that he developed asbestosis (2/1 ILO) and asbestos-related pleural disease from exposure to defendants' products.

DEFENDANT'S CONTENTIONS:
Foster Wheeler challenged the plaintiff's claims, asserting that it could not be proven that it supplied the products which contained asbestos and that plaintiff did not suffer from asbestosis.

Asbestos Corporation Limited argued that it did not supply the fiber present in Eagle Pitcher's cement.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $37,499 to Foster Wheeler LLC.

Damages

In closing argument, plaintiff asked the jury to award millions of dollars in special and non-economic damages.

Result

The jury returned a complete defense verdict for Foster Wheeler LLC. As to Asbestos Corporation Limited, the jury awarded plaintiff a total of $209,000 ($19,000 in past economic loss; $100,000 in future economic loss; $10,000 in past non-economic damages; $60,000 in future non-economic damages; and $20,000 in loss of consortium). The jury found the Asbestos Corporation Limited one percent responsible for plaintiff's injuries and 99 percent attributable to all others, including plaintiff's comparative fault.

Deliberation

3.5 days

Length

12 days