Richard Donaldson v. National Marine Inc.
Published: Aug. 19, 2000 | Result Date: Jul. 14, 2000 | Filing Date: Jan. 1, 1900 |Case number: 992217 Verdict – $1,796,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Phillip R. Bonotto
(Gurnee, Mason, Rushford, Bonotto & Forestiere)
Experts
Plaintiff
Michael Bugg
(medical)
Barry Castleman
(technical)
Arnold R. Brody Ph.D.
(medical)
William Nicholson
(technical)
Charles W. Ay
(technical)
Samuel P. Hammar
(medical)
Barry R. Horn M.D.
(medical)
Kirby Smith
(medical)
Neal L. Benowitz
(medical)
Defendant
James Rasmussen
(technical)
Leslie Praeger
(medical)
Facts
Decedent Albert Pavolini worked for defendent National Marine for approximately 14 years. For seven of these years, he worked as a chief engineer aboard pushboats on the Misissippi River. During his last seven years, he worked as a roving port engineer. Prior to going to work for National Marine, the decedent worked for approximately 20 years as a diesel engine mechanic in the Navy, and a year for the military sea transport service. The decedent, who has a 60 to 90 pack per year smoking history, suffered from bilateral calcified plerual plaques, asbestosis and lung cancer. The decedent, who was a widower, with one adult adopted child, lived in Memphis, Tennessee. He was 73-years-old at the time of diagnosis, and 74 when he died in July 1998. The plaintiff contended that the defendant is responsible for that portion of the liability attributed to "tobacco companies" based on a California Supreme Court decision in Richards v. Owens-Illinois, and based on the fact that he was unaware of any individual or corporate entity named tobacco companies. The plaintiff also contended that since the Navy is immune, liability cannot be assessed to it. This case was tried under the Jones Act.
Settlement Discussions
The plaintiff's demand to National Marine pursuant to C.C.P. Section 998 was $175,000. National Marine offered $60,000.
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