Facts

On Nov. 15, 2005, a San Francisco jury awarded $1,905,619 ($1,605,619 to Genaro Garcia and $300,000 to Delia Garcia, his wife, defendant Duro Dyne found to be 3% at fault) to a 71-year-old retired sheet metal worker suffering from terminal peritoneal mesothelioma caused by his prior occupational exposure to asbestos. The plaintiffs are Genaro Garcia and his wife, Delia Garcia. The defendant is Duro Dyne Corporation, a former manufacturer and distributor of asbestos-containing flex HVAC duct connectors and duct sealer used for sheet metal duct connections. The jury found in favor of the other trial defendant, former contractor Holmes & Narver, Inc., who supervised a government installation at Johnston Island in 1964-1965 where Genaro Garcia worked.

At trial, testimony was introduced concerning the historical use of asbestos, the state of medical knowledge historically regarding asbestos, epidemiology, pulmonary medicine, pulmonary pathology, radiology, and industrial hygiene. Evidence was also presented regarding the defendant's past involvement in the manufacture and supply of asbestos-containing sheet metal accessory products.

Genaro Garcia worked with Duro Dyne Corporation's asbestos containing sheet metal products throughout his 48-year career (disputed by defendant Duro Dyne) as a sheet metal worker, including the 26 years he worked for the County of Los Angeles.

At no time during his career was Genaro Garcia advised to wear any form of respiratory protection.

Genaro Garcia was diagnosed with peritoneal mesothelioma in late 2002 and was treated with an aggressive course of chemotherapy, including Alimta, for over two years. He is currently in a tentative state of remission.

Testimony from the plaintiffs' experts established that Genaro Garcia was exposed to hazardous levels of asbestos through 1984. The plaintiffs' evidence further demonstrated that each and every exposure contributed as a substantial factor to his risk for later developing an asbestos related disease.

Result

$1,905,619: $125,369 (past medical); $200,000 (future medical); 530,250 (lost earning capacity/loss of household services); Non-economic: $750,000 (Genaro); $300,000 (Delia for loss of consortium)

Other Information

The jury found defendant Duro Dyne 3% responsible for the plaintiffs' damages. The judgment against Duro Dyne as to Genaro Garcia will be in the amount of economic damages of $855,619 less pretrial settlement figures, plus $22,500 for noneconomic damages. As to Delia Garcia, the judgment against Duro Dyne will be in the amount of $9,000. The jury returned a defense verdict for Holmes & Naver, Inc.

Deliberation

one day

Length

2.5 weeks