BHC Group 115 v. Owens Corning and Asbestos Corporation Limited
Published: May 3, 1997 | Result Date: Mar. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: 961663 – $1,845,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Ralph Harding, a 74-year-old retired sheetmetal worker, was exposed to asbestos from 1940 to 1985 and has smoked two packs of cigarettes per day from 1946 to the present. He was diagnosed with lung cancer and asbestosis in 1991. Plaintiff J.C. Massey, a 70-year-old retired burner and forklift driver, was exposed to asbestos from 1959 to 1975. He smoked one pack of cigarettes per day from 1946 to 1975. Plaintiff Jesse Miles, a 57-year-old retired electrician and pipefitter, was exposed to asbestos from 1956 to 1990. He smoked two packs of cigarettes per day from 1958 to 1981. He claimed he was diagnosed with lung cancer and asbestosis in 1994. Plaintiff Lawrence Safly, an 81-year-old retired marine electrician, was exposed to asbestos from 1934 to 1973 and smoked one pack of cigarettes per day from 1934 to 1989. He was diagnosed with lung cancer and asbestosis in 1992 and 1995 reoccurrence). Plaintiffs Denis Howard and William Umphriss were also exposed to asbestos, smoked cigarettes, and were diagnosed with lung cancer and asbestosis. Defendant Owens Corning was a distributor, manufacturer and installer of asbestos from 1953 to 1975. Defendant Asbestos Corporation Limited was a Canadian fiber supplier. Plaintiffs Massey and Harding were exposed to Owens Corning products in the 1960s. The plaintiffs also claimed exposure to products which contained Asbestos Corporation Limited fiber. Exposure to defendant Asbestos Corp.'s products occurred during World War II and in the late 1950s. The plaintiffs brought six separate actions against the defendants based on strict products liability and negligence theories of recovery. The cases were consolidated pursuant to court policy.
Settlement Discussions
Plaintiff Harding made a settlement demand of $14,999 to Owens Corning. Plaintiff Massey made a settlement demand of $29,999 to Owens Corning and of $4,999 to Asbestos Corp. Plaintiff Jesse Miles made a settlement demand of $7,499 to Asbestos Corp. Plaintiff Lawrence Safly made a settlement demand of $4,999 to Asbestos Corp. The defendants made no settlement offers.
Specials in Evidence
$_______________ $________________
Injuries
The plaintiffs alleged they suffered from lung cancer and asbestosis.
Other Information
The jury found that plaintiffs Harding, Miles, Massey and Safly suffered an injury before June 4, 1986. Therefore, the court did not apply Proposition 51 and all damages were "joint and several" after reductions for comparative fault and prior settlements. The jury also found in two cases that defendant Owens Corning acted with malice, oppression or fraud in supplying its asbestos products during the 1960s. EXPERT TESTIMONY: Per the plaintiffs, the parties presented scientific and medical evidence about how asbestos combines with cigarette smoke to cause lung cancer and create the highest cancer risks known. The parties also presented evidence of the history of medical and scientific knowledge regarding the health hazards of asbestos exposure.
Poll
11-1 (plaintiff Harding); 11-1 (plaintiff Massey); 12-0 (plaintiff Miles); 12-0 (plaintiff Safly); 12-0 defense (plaintiff Howard); 12-0 defense (plaintiff Umphriss).
Length
12 weeks
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