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Torts
Product Liability
Asbestos Exposure

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


#89894

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