Hiroko Felton, as successor in interest to the Estate of Donald L. Felton v. Beach City Chevrolet Company Inc., Maremont Corporation, Davison-Conroy Inc., El Cajon Motors, Ford Motor Company, Hennessy Industries Inc., Honeywell International Inc., Lear Siegler Inc., Pneumo Abex LLC, Toyota Motor Sales USA Inc., and Does 1 through 350
Published: Jun. 7, 2014 | Result Date: Apr. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC468041 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Gary M. Paul
(Waters, Kraus & Paul)
Defendant
Michael B. Giaquinto
(Hawkins Parnell Thackston & Young LLP)
Macy Mei-Yin Chan
(Hawkins, Parnell & Young LLP)
Experts
Plaintiff
Arnold R. Brody Ph.D.
(technical)
William M. Ewing
(technical)
Carl Brodkin
(medical)
Murray Finkelstein
(medical)
Defendant
David H. Garabrant M.D.
(medical)
John Henshaw
(technical)
G. Michael Michael Graham
(medical)
Facts
Hiroko Felton, as successor in interest to the Estate of Donald Felton, sued Beach City Chevrolet Co. Inc., and others, alleging that they caused Donald to develop mesothelioma.
After defendants were dismissed, the case proceeded only against Maremont.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that since the 1950s, Donald Felton worked at Ace Brake Supply, a brake and clutch manufacturing plant in Los Angeles. Ace purchased brake linings from Maremont Corp., and Felton affixed those linings.
Felton was eventually diagnosed with pleural mesothelioma, and died on April 19, 2013. His estate claimed that they had supplied and manufactured asbestos-containing automobile products. After the other defendants were dismissed from the case, the case proceed only against Maremont. Plaintiffs argued that Maremont's brake linings had contained asbestos, which in turn had caused Donald's cancer.
Plaintiffs asserted causes of action for negligence, strict liability, false representations, intentional tort, and loss of consortium.
DEFENDANT'S CONTENTIONS:
Maremont argued that Donald did not show signs of exposure to asbestos, and that exposure to asbestos in brakes is not known to cause mesothelioma. Maremont further argued that its products were not the cause of Donald's death and that, instead, Ace's failure to provide proper ventilation in its manufacturing plants was to blame.
Damages
Plaintiffs sought $7.5 million in damages.
Result
The jury ruled in favor of Maremont.
Other Information
FILING DATE: Aug. 22, 2011.
Poll
10-2
Length
12 days
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