Daniel Wilson, Sr. and Lois Wilson v. Asbestos Defendants (BHC)
Published: Dec. 19, 1998 | Result Date: Oct. 28, 1998 | Filing Date: Jan. 1, 1900 |Case number: 991085 Verdict – $4,591,090
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Gilbert L. Purcell
(Brayton & Purcell)
Stephen M. Fishback
(Keller, Fishback & Jackson LLP)
Defendant
Daniel J. O'Connell
(Law Offices of Daniel J. O'Connell)
Experts
Plaintiff
David E. Hunter
(JAMS)
(technical)
James R. Millette
(technical)
Allan H. Smith
(medical)
Barry Ben-Zion Ph.D.
(technical)
Carolyn S. Ray
(medical)
James L. Davidson
(medical)
Samuel P. Hammar
(medical)
Kenneth Cohen
(technical)
James Neidhart
(medical)
Defendant
Andrew Churg
(medical)
Henry Buccigross
(technical)
George Mckillop
(technical)
Michael Matteson
(technical)
Facts
Plaintiff Daniel Wilson, Sr., 62 years old, suffers from a rare form of cancer, malignant mesothelioma, which is caused by asbestos. The defendant, John Crane Inc. manufactured and supplied asbestos products, including packing and gaskets. During the trial, evidence was presented that plaintiff regularly installed and removed John Crane Inc.'s, asbestos-containing packing and gasket products and was exposed to the asbestos dust that emanated from those products during his career working at power plants in the southwest. The plaintiff now suffers from mesothelioma, an invariably fatal cancer involving the lining of the lungs. Although this cancer is rare in the general population, about 1,500 - 2,000 cases per year occur in people exposed to even relatively small amounts of asbestos. The plaintiff was diagnosed in May 1997 and is currently undergoing special treatment under close supervision of an oncologist. Although his form of treatment has met with limited success, the average life expectancy after diagnosis is 12-18 months. The plaintiff then brought this product liability action against the defendant.
Settlement Discussions
Plaintiff Daniel Wilson, made a settlement demand for $9,999. Plaintiff Lois Wilson made a demand for $4,999. The defendant offered a mutual cost waiver.
Specials in Evidence
$35,000
Damages
The plaintiff claimed $35,000 in damages.
Other Information
The verdict was reached approximately one year and five months after the case was filed. The case was sent out for trial on July 8, 1998, with the Honorable Douglas Munson, presiding. A jury was sworn on July 22, 1998, and opening statements by counsel for both plaintiffs and defendant were given two days later. The actual presentation of evidence and witnesses did not begin until Sept. 28, 1998. Per the plaintiff, the defendant attempted to have the case dismissed based on the expiration of a New Mexico statute of limitations for products liability cases. Although initially successful at the trial court level, the 1st District Court of Appeals overturned the ruling of the trial court by issuing an emergency writ of mandate directing the trial court to vacate its order of dismissal. John Crane Inc. also attempted to have the case removed to Federal Court. After hearing arguments of counsel and considering the written briefs, the court remanded the case to San Francisco Superior Court for trial. A motion for sanctions and attorney fees for this removal is pending against John Crane Inc. Per plaintiff, under California law, had plaintiff died during these procedural delays, John Crane Inc. would not have been liable for any of his pain and suffering damages which do not survive death.
Deliberation
nine days
Poll
9-3 (causation); Damages (varied)
Length
three weeks
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