James Robert Prough, Margaret Prough v. Armstrong International Inc., John Crane Inc., et al.
Published: May 2, 2009 | Result Date: Jan. 26, 2009 | Filing Date: Jan. 1, 1900 |Case number: BC389423 Verdict – Defense
Court
L.A. Superior Central West
Attorneys
Plaintiff
Jeffrey B. Simon
(Simon, Greenstone, Panatier & Bartlett PC)
H.W. Trey Jones
(Law Office of H.W. Trey Jones)
Defendant
Kevin P. Allen
(Allen, Glaessner, Hazelwood & Werth LLP)
Robert L. Nelder
(WFBM LLP)
Facts
Plaintiff James Robert Prough was a chemical engineer in the pulp and paper mill industry for over 40 years when he was diagnosed with mesothelioma in January 2008. Prough initially oversaw the start up of digester mills and then was employed as a digester salesperson.
Prough filed suit against defendants Armstrong International Inc. and John Crane Inc. for products liability. Armstrong International and John Crane manufactured various components used in the digester equipment such as steam traps and gaskets.
Contentions
PLAINTIFF'S CONTENTIONS:
Prough contended that exposure to the asbestos in defendants' products caused his mesothelioma.
DEFENDANTS' CONTENTIONS:
The defendants countered that Prough could not prove that defendants' products were the source of the asbestos exposure that resulted in his cancer. The defendants argued that there were proper warnings on its products regarding any asbestos exposure.
Damages
Prough sought damages in the amount of $271,300 for past and future medical expenses and $1,644,599 for lost earnings.
Injuries
Prough suffered injuries as a result of his mesothelioma.
Result
The jury found in favor of the defendants.
Deliberation
two days
Length
10 days
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