Hendrick Oranje and Wilda Oranje v. Asbestos Defendants (BHC) and; James C. Davidson v. Asbestos Defendants (BHC)
Published: Jan. 16, 1999 | Result Date: Oct. 29, 1998 | Filing Date: Jan. 1, 1900 |Case number: 969674 – $2,272,750
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Gilbert L. Purcell
(Brayton & Purcell)
Defendant
Experts
Plaintiff
Arnold R. Brody Ph.D.
(technical)
Kenneth Cohen
(technical)
William Meseroll
(medical)
Samuel P. Hammar
(medical)
Carolyn S. Ray
(medical)
William E. Longo Ph.D.
(technical)
Allan H. Smith
(medical)
Barry Ben-Zion Ph.D.
(technical)
Defendant
William G. Hughson
(medical)
Gerald C. Meyers
(medical)
Norman Moscow M.D.
(medical)
Facts
Plaintiff Hendrick Oranje age 62, and James Davidson, age 55, worked as a commercial painters and drywall tapers from 1963-1992 and 1959-1990, respectively, when they were diagnosed with laryngeal cancer. The diagnoses were undisputed and the larynx of each plaintiff was removed. Plaintiffs were subsequently diagnosed with asbestos related lung disease. Plaintiffs and plaintiff Oranje's wife sued the suppliers of the asbestos products used during their careers and also the property owners and contractors where he worked. All defendants settled before verdict except Dowman Products, Inc. and The Synkoloid Company. Dowman Products manufactured a well-known patch product called Fixall, and a joint compound called 3T, both of which contained asbestos and which plaintiff Oranje identified using. The Synkoloid Company manufactured numerous asbestos containing products that both plaintiffs identified using. The consolidated group of cases started with 19 cases, all but two settled prior to verdict. The court ordered the cases be tried in a reverse bifurcation trial, with proof of medical causation and damages tried in the first phase, and liability tried in the second phase.
Settlement Discussions
Plaintiff Oranje served the Synkoloid Company a C.C.P. º998 demand for $22,498 in September 1996. Plaintiff Oranje served Dowman Products, Inc. a C.C.P. º998 demand for $37,498 in July 1997. Defendants offered a mutual cost waiver. Plaintiff Davidson served The Synkoloid Company a C.C.P. º998 demand for $4,999 in April 1998. The Synkoloid Company offered a mutual cost waiver.
Injuries
Larynx removal. Plaintiffs uses a mechanical device in their trachea to speak.
Other Information
The verdict was reached approximately three years and five months after the Oranje case was filed and approximately two years and one month after the Davidson case was filed.
Deliberation
one day (Phase 1), 1+ days (Phase 2)
Poll
10-2 (causation), varied (damages)
Length
three months
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