Alfred J. Silveira v. Garlock, Inc.
Published: Jul. 18, 1998 | Result Date: May 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: 991292 Verdict – $1,003,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Ronald J. Shingler
(Shingler Law)
Defendant
David M. Glaspy
(Manning Gross Massenburg LLP)
Experts
Plaintiff
Samuel P. Hammar
(medical)
William E. Longo Ph.D.
(technical)
Barry R. Horn M.D.
(medical)
Barry Castleman
(technical)
Richard L. Hatfield
(technical)
Defendant
Carl Mangold
(medical)
Robert N. Sawyer
(medical)
Facts
The plaintiff, an 87-year-old man, was a pipefitter at Mare Island shipyard from 1942 until he retired in 1970. In November 1997, he was diagnosed with mesothelioma, a cancer of the lining of the lung. Trial was advanced for an early trial due to the plaintiff's age and the severity of his disease. The plaintiff settled with most of the asbestos manufacturing defendants during jury selection. Defendant Garlock Inc., removed the case to federal court after the jury was selected, but prior to opening statements. The case was remanded to superior court after an expedited motion was filed by the plaintiff and was tried solely against Garlock. Garlock manufactured gaskets which contained asbestos. The main issue was whether Garlock's gaskets were a substantial factor in causing the plaintiff's cancer. The plaintiff brought this action against the defendant based on products liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $25,000. The defendant offered $1,000.
Specials in Evidence
$100,000 $_____________ $100,000 (lost pension benefits) $50,000
Injuries
The plaintiff claimed to suffer from mesothelioma and a reduced life expectancy.
Other Information
The verdict was reached approximately six months after the case was filed. Per the plaintiff's counsel, Garlock's gaskets were found to be a substantial factor in causing the plaintiff's mesothelioma and Garlock was found to be 2% responsible. Actual judgment against Garlock after credits for prior settlements will be about $200,000. An additional $35,000 to $50,000 in costs and expert fees will be claimed by the plaintiff due to the verdict exceeding his statutory settlement offer.
Deliberation
10 hours
Poll
10-2
Length
14 days
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