Lupe Enriquez, et al. v. California Portland Cement Company
Published: Jan. 8, 2000 | Result Date: Sep. 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: 988967 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Robert H. Berkes
(Berkes, Crane, Robinson & Seal LLP)
Experts
Plaintiff
Samuel P. Hammar
(medical)
Carolyn S. Ray
(medical)
Kenneth Cohen
(technical)
Richard Cohen
(medical)
Allan H. Smith
(medical)
Donald Breyer
(medical)
Barry Ben-Zion Ph.D.
(technical)
Defendant
William G. Hughson
(medical)
David Feigin
(medical)
Facts
The decedent, Ralph Enriquez, 59, was a plasterer in Southern California who used a variety of cement materials, some of which contained asbestos. The decedent primarily worked with a wet plaster. However, the plaintiffs claimed that he mixed dry materials on occassion. The plaintiffs claimed that the decedent died of asbestosis. California Portland Cement Company was one of many defendants sued by plaintiffs. However, all other defendants settled before trial. Defendant California Portland Cement Company claimed that decedent died from idiopathic pulmonary fibrosis, a lung disease of unknown cause and not asbestosis. The defendant also claimed that exposure to its product was not a substantial factor in causing the decedent's death. The jury found that decedent's death was not caused by exposure to asbestos. The jury also found the defendant was not negligent. Although the decedent had severe "end-stage" pulmonary fibrosis, the defense claimed that the radiographic appearance and clinical course was inconsistent with a diagnosis of asbestosis.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $160,000. The defendant offered $___________ .
Other Information
The judge precluded evidence to the reasonable value of medical services rendered to the decedent. This case is the first reported successful defense verdict in an asbestos case based upon the medical defense of idiopathic pulmonary fibrosis.
Deliberation
one day
Poll
9-3
Length
eight weeks
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