Aline Ivance, Vicky Woolley and Lindy Schluter v. Rich-Tex Inc.
Published: May 12, 2007 | Result Date: Mar. 14, 2007 | Filing Date: Jan. 1, 1900 |Case number: 419435 Verdict – $868,787
Court
San Francisco Superior
Attorneys
Plaintiff
Laurel Halbany
(Kazan McClain Satterley & Greenwood)
James P. Nevin
(Brayton Purcell LLP)
Defendant
Michael J. Boland
(Imai Tadlock Keeney & Cordery LLP)
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
Arnold R. Brody Ph.D.
(technical)
Samuel P. Hammar
(medical)
Kenneth Cohen
(technical)
Richard J. Cohen
(medical)
Defendant
Robert Sawyer
(medical)
Mark A. Cohen
(technical)
Joel Cohen
(technical)
James P. Delaney
(technical)
Facts
Former career drywall taper, Douglas Ivance, died on April 20, 2003 from respiratory failure, partly caused by CAP-NIOSH grade-four asbestosis and severe asbestos-caused pleural disease. Aline Ivance used defendant, Rich-Tex's drywall products for 14 years out of his 47-year career. His family had sued defendant on a products liability theory, arguing his death was caused in part by defendant's asbestos containing products.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff argued the defendant's products released hazardous respirable asbestos dust when used as intended, thus contributing to Ivance's illness and subsequent death.
DEFENDANT'S CONTENTIONS:
The defendant contended that asbestos exposure was minimal from the defendant's products; primary exposure from other parties and U.S. Navy.
Damages
The jury assessed $368,787 in economic damages, as well as $500,000 in non-economic damages.
Injuries
The jury assigned 3.06 percent of the liability for Ivance's illness and death, to defendant.
Result
After deliberating two and a half days, the jury returned a verdict in favor of plaintiff, in the amount of $868,787.
Deliberation
2.5 days
Length
four weeks
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