In re: BHC Group 182 v. Asbestos Defendants
Published: Jul. 4, 2001 | Result Date: Mar. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: 987126 Verdict – $20,150
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Anthony E. Vieira
(Berglund & Johnson)
Defendant
Facts
The plaintiffs in this case - three retired workers and one active worker - alleged that they suffered from
asbestosis and asbestos-related pleural disease due to their occupational exposures to asbestos. The defendant
remaining for trial in this consolidated case was ACandS, Inc., formerly known as Armstrong Contracting and
Supply. AcandS was a nationwide installer of asbestos containing products. The defendant began business in
1958 as an installer of asbestos thermal insulation. According to the defendant, by 1974, it was no longer
installing asbestos containing insulation. According to the plaintiffs, defendant ACandS knew of the hazards
associated with asbestos at the companyÆs inception in 1957. The defendant denied this claim. Each of the
plaintiffs had long work histories of asbestos exposure covering many decades.
Plaintiff Archie Daubin, 52, was a career insulator working at various Bay Area refineries and shipyards from
1966 to the present. He began his employment as an employee of Associated Insulation and later with Plant
Insulation. He continues to work today even though he was diagnosed with asbestosis and asbestos-related
pleural disease in 2000.
Plaintiff Neville Hawkins, 52, was also a career insulator working primarily at Southern California job sites
including the Long Beach and San Diego Shipyards. Hawkins began and continued in the trade as an employee
of the Long Beach Shipyards. He began in the trade in 1974 and was diagnosed with asbestosis and asbestos-
related pleural disease in 2001.
Plaintiff Larry Evans, 59, was a boilermaker from 1966 to 1986. He was allegedly exposed to a variety of
asbestos materials daily at many refinery and powerhouse job sites in Southern California. He was diagnosed
with asbestosis and asbestos-related pleural disease in 1999.
Plaintiff Jerry Daugherty, 57, was a career insulator working primarily at Southern California job sites
including Standard Oil in El Segundo, Gulf Oil in Carson and several area powerhouses as well. Daugherty
began his career in 1964 and retired in 1997. He was diagnosed with asbestosis and asbestos-related pleural
disease in 2000.
During the trial, the parties presented both medical and exposure evidence, evidence of the history of medical
and scientific knowledge regarding the health hazards of asbestos exposure and corporate documents relating
to ACandSÆs alleged direct knowledge of asbestos hazards.
The defendants disputed the plaintiffsÆ diagnoses of asbestos-related disease. The court
consolidated these similar asbestos-related lawsuits for trial in order to reduce court congestion.
Settlement Discussions
The defendants made no C.C.P. Section 998 offers. Plaintiffs Daubin, Hawkins and Daugherty each made C.C.P. Section 998 demands of $9,999, early in the litigation prior to any discovery. Plaintiff Evans demanded $4,999 pursuant to C.C.P. Section 998, which was also rejected by the defendant.
Damages
Plaintiff Daubin was awarded a total of $100,000, of which $75,000 was economic and $25,000 was non- economic damages. Defendant ACandS was found to be 29 percent liable. Plaintiff Hawkins was awarded $84,000, of which $69,000 was economic and $15,000 was non-economic damages. Defendant ACandS was found to be 14 percent liable. Plaintiff Evans was awarded $65,000, of which $45,000 was economic and $20,000 was non-economic damages. Defendant ACandS was found to be 27 percent liable. Plaintiff Daugherty was awarded $68,000, of which $48,000 was economic and $20,000 was non-economic damages. Defendant ACandS was found to be 27 percent liable. After credits for settlements by former defendants, each plaintiff is entitled to no economic damages from ACandS. The total actual damages awarded to all four plaintiffs is $20,150.
Result
The jury found that defendant ACandS was negligent in its installation of such products and that the plaintiffs were all injured as a result of the exposure to ACandSÆs products. The awards, totaling $20,150, did not include compensation for the risk of developing asbestos-related malignancy and each of the plaintiffs retains the right to pursue an additional action against ACandS should they develop an asbestos-related malignancy.
Other Information
The court directed a verdict against the plaintiffs on their claim for punitive damages. The jury rejected the plaintiffsÆ claims against ACandS based on strict products liability.
Length
10 weeks
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