Janis Hoffman, et al. v. Abex Corporation
Published: May 15, 1999 | Result Date: Mar. 31, 1999 | Filing Date: Jan. 1, 1900 |Case number: 969487 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Gilbert L. Purcell
(Brayton & Purcell)
Defendant
Edward R. Hugo
(Hugo Parker LLP)
Experts
Plaintiff
Samuel P. Hammar
(medical)
Kenneth Cohen
(technical)
Richard J. Cohen
(medical)
Charles W. Ay
(technical)
Barry R. Horn M.D.
(medical)
Defendant
William Dyson
(technical)
William G. Hughson
(medical)
Facts
The plaintiffs' decedent, James Hoffman, a naval seaman and merchant marine contracted malignant mesothelioma which resulted in his death. He had multiple ship exposures, including 44 days in 1947 on a tanker owned by the defendant. The plaintiffs brought this action against the defendant based on Jones Act, general maritime and wrongful death.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $160,000. The defendant made a C.C.P. º998 offer of compromise for $1,000.
Damages
The plaintiffs claimed $200,000 (lost economic); and pain and suffering for mesothelioma from diagnosis to death (six months). An exact dollar figure were never provided.
Injuries
The decedent suffered from mesothelioma which led to decedent's death. Pain and suffering and lost economic damages (future medical and burial costs) were also claimed.
Other Information
The verdict was reached approximately _____ years and _____ months after the case was filed. A settlement conference?/ arbitration?/ mediation? was held on ____/____/19____ before ______________ (name) of ______________ (affiliation) resulting in _____________ .
Poll
11-1 Jones Act (Defense), 12-0 Unseaworthiness (Defense)
Length
three weeks
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