Facts

Barbara Harris worked in building management around Los Angles from 1961 until about 1977. In her job, she was responsible for overseeing the progress of tenant improvements, bringing her in contact with airborne asbestos. Harris was subsequently diagnosed with meosthelioma in the pleural cavity of her right lung and.

Harris sued Bondex International Inc./RPM Inc. (Bondex), Hamilton Materials Inc. (Hamilton), Elementis Chemicals Inc. (Elementis), and 22 other manufacturers for negligence, strict liability, malice and oppression for allegedly exposing her to asbestos. Only three of the 25 defendants took the case to verdict: Bondex, Hamilton, and Elementis. Bondex and Hamilton both were joint compound manufacturers. Elementis supplied asbestos to joint compound manufacturers.

PLAINTIFF'S CONTENTIONS:
Harris claimed that Bondex distributed a defective product that substantially contributed to her mesothelioma. Harris also claimed Bondex was negligent for failing to warn her of the asbestos hazards. Harris claimed Hamilton's products were defective as well and they were liable for either negligence or failure to warn. Harris alleged that Elementis distributed a defective product and was liable for negligence.

DEFENDANTS' CONTENTIONS:
The defendants argued the products did not substantially cause Harris' mesothelioma and that Harris wrongly identified their products.

Damages

Harris sought undisclosed damages for her medical bills and for pain and suffering.

Injuries

Harris had surgery in August 2006 to remove the tumor from the lining of her lung and also had radiation treatment. Mesothelioma is a deadly disease that will eventually claim her life.

Result

The jury returned a verdict for the defense.

Deliberation

1.5 days

Poll

9-3

Length

21 days