Facts

Gordon Bankhead, age 66, worked from 1965 to 1999 in the service and repair of heavy duty vehicles as a Parts Man. He spent most of his career at Sea-Land Shipping Company in Oakland, California. He regularly handled asbestos-containing brakes, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes.

Gordon Bankhead was diagnosed with mesothelioma, an asbestos-caused cancer, in January 2010.

The Kazan firm filed suit on behalf of plaintiffs in March 2010. Trial commenced on October 25, 2010. Evidence at trial showed that Pneumo Abex had been aware of the deadly health effects of breathing asbestos dust since at least the 1940s. Abex and Carlisle were involved in discussions within the Friction Materials Standards Institute in the 1970s about whether to warn about the health hazards from its brakes.

As early as 1977, Rockwell learned that one of its employees who handled brakes was diagnosed with mesothelioma, the same disease Gordon Bankhead developed. Despite their knowledge of the hazards of asbestos, Carlisle and Pneumo Abex continued to sell asbestos-containing brakes until 1987; Rockwell did not cease selling asbestos brakes until 2000.

PLAINTIFFS' CONTENTIONS:
Plaintiff regularly handled asbestos-containing brakes, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes, and claimed that all of these activities caused him to breathe deadly asbestos dust. Abex and Carlisle manufactured the vast majority of the brake linings Gordon Bankhead was exposed to, which in turn Rockwell and Fruehauf attached to brake shoes and axles that were sold to Gordon Bankhead's employers.

Plaintiff contended that Pneumo Abex did not begin warning its customers of any alleged the health hazards from its brakes, until years after Gordon Bankhead was exposed to the asbestos-containing brakes it made and sold. Rockwell knew starting in the early 1970s that its employees were exposed to dust from Abex and Carlisle brakes, but did nothing to warn its customers of the same hazards.

DEFENDANTS' CONTENTIONS:
Defendant contended that Rockwell did warn its customers and employees of any alleged hazards.

Result

On Jan. 6, 2011, an Alameda County jury returned a $13.5 million dollar second phase verdict assessing punitive damages against Phuemo Abex LLC (9 million dollars) and Arvin Meritor/Rockwell (4.5 million dollars). In the first phase of the trial, completed on December 22, the jury awarded 3.9 million dollars in compensatory damages, and found that the defendants, Pneumo Abex, Arvin Meritor, and co-defendant Carlisle Corporation (which resolved before Phase 2), acted with malice, fraud or oppression, warranting the second phase determination. The jury found that all defendants defectively designed their brakes, failed to adequately warn consumers and customers of the dangers the brakes posed, were negligent, and intentionally concealed information that could have prevented the harm Gordon Bankhead suffered, all of which contributed to causing Gordon Bankhead's mesothelioma. The jury apportioned 30 percent liability each to Carlisle and Pneumo Abex, 15 percent each to ArvinMeritor and Kelsey-Hayes, and 10 percent to Gordon Bankhead's employers. The jury awarded Gordon Bankhead $1,470,000 for his past and future economic loss, and $1,500,000 for his pain and suffering. The economic loss award was reduced to zero as a result of setoffs for former settlements. The jury also awarded his wife Emily Bankhead $1,000,000 for her loss of her husband's support and companionship.