George Robert Smith, Hannah Smith v. Mobil Oil Corporation
Published: Jul. 26, 2001 | Result Date: May 4, 2001 | Filing Date: Jan. 1, 1900 |Case number: 315105 Verdict – $4,330,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard L. Hatfield
(technical)
William Meseroll
(medical)
Arnold R. Brody Ph.D.
(medical)
Samuel P. Hammar
(medical)
Frederick H. Stern
(medical)
Robert Fallat
(medical)
Barry Ben-Zion Ph.D.
(technical)
Barry Castleman
(technical)
Charles W. Ay
(technical)
Donald Breyer
(medical)
Brian Dolan
(medical)
Allan H. Smith
(medical)
Defendant
James Rasmussen
(technical)
William G. Hughson
(medical)
Facts
Plaintiff George R. Smith is an 80-year-old pipe fitter who worked around asbestos building materials in refinery
and commercial construction. Smith, a life-long non-smoker who resides in Rancho Santa Margarita, was
diagnosed with inoperable asbestos-related lung cancer from years of inhalation of asbestos. SmithÆs condition
was rapidly deteriorating as a result of his inoperable lung cancer.
SmithÆs wife, plaintiff Hannah Smith, claimed the loss of her husbandÆs care, comfort and society due to his
illness.
Defendant Mobil Corp. owned the Mobil Oil Refinery in Torrance.
In 1966 and 1967, where Mobil employees and employees of hired contractors removed insulation materials in
existing and new areas of refinery during work to areas were SmithÆs instrumentation crew was working. The
plaintiffs filed their claim for asbestos-related injuries in September 2000 and their case received an accelerated
trial date due to their advanced age and exigent health.
Defendant Mobil Corp. denied that it was liable for premises liability claims, of negligent
hiring or negligent failure to warn of a dangerous conditions.
Damages
The jury awarded $330,000 in economic damages and $2.5 million in non-economic damages to plaintiff George Smith. Additionally, the jury awarded $1.5 million in loss of consortium damages to plaintiff Hannah Smith.
Result
The jury awarded the plaintiffs $4.3 million in compensatory damages, finding that the plaintiffs suffered economic damages of $330,000 for lost pension and medical expenses and that George SmithÆs pain and suffering should be valued at $2.5 million. Plaintiff Hannah SmithÆs pain and suffering was valued at $1.5 million. Defendant Mobil Corp. was found to be 12.5 percent at fault for causing the cancer, equal to approximately $800,000. Under Proposition 51, passed in California in 1986, defendant Mobil Corp. will not be held responsible for the other 87.5 percent of fault attributed to the other companies.
Other Information
PLEASE PROVIDE THE EXPERTISE AND CITY OF LOCALE OF EXPERTS: James Rasmusson ___________ expertise _____________ city; David Guillion _________ expertise ____________ city; Charles MacDonald __________ expertise, ___________ city; Gerard Meyers ____________ expertise ___________ city; Leslie Preger ___________ expertise __________ city; William Salyer ____________ expertise __________ city; J. David Godwin ___________ expertise _________ city; Gerhard Raabe __________ expertise ____________ city
Deliberation
seven days
Poll
11-1
Length
6.5 weeks
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