Facts

From 1952 to 1971, Charles Johnson worked in the vicinity of several contractors, including Plant Insulation Co. that used asbestos-containing insulation and refractory materials. As part of his employment, Johnson also unloaded asbestos fiber from ships. In 2008, doctors diagnosed Johnson with mesothelioma. Johnson sued Plant Insulation, claiming that the company exposed him to asbestos as a bystander.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he had been routinely exposed to asbestos from thermal insulation installed by Plant Insulation employees at various work sites over a 10-year period. Plaintiff testified that he routinely saw Plant Insulation trucks and employees at his worksites. Plaintiff argued that Plant Insulation's asbestos-containing thermal insulation had to be mixed, applied, cut, removed, disturbed, and cleaned up, all of which released hazardous respirable asbestos dust into the air; and he claimed to have frequently been within a few feet of Plant Insulation employees applying asbestos-containing thermal insulation.

DEFENDANT'S CONTENTIONS:
The defense asserted that any exposure from Plant Insulation was negligible, especially compared to his exposure to asbestos while unloading bags of the raw asbestos. The defense denied that the company's activities contributed to Johnson's illness.

Damages

Johnson sought $313,000 for past and future medical expenses, $77,500 for loss of social security and pension, $45,000 for past and future home services, and an unspecified amount for pain and suffering.

Injuries

The plaintiff suffered mesothelioma.

Result

The jury awarded the plaintiff $1,185,500, but found Plant Insulation as 1 percent liable. The award was reduced to $31,904.

Deliberation

two days

Length

five weeks