On Aug. 5, 2011, plaintiffs’ decedent Thomas Hubbard was diagnosed with mesothelioma, an aggressive, incurable cancer that often stems from exposure to asbestos. Hubbard previously worked with asbestos cement pipes from 1959 through 1989. He passed away on Oct. 6, 2011. The decedent’s second wife, plaintiff Shirley Hubbard, and adult children, plaintiffs Thomas Glenn Hubbard, Jr., Cynthia Marment, and Ann Marie Hensley, sued the water companies that contracted with Hubbard’s employers to install underground water pipe, California Water Service Co. and San Jose Water Co., and several other companies. The decedent’s family alleged that he was exposed to asbestos while working with the asbestos-containing cement pipes and that the decedent’s employers and others should have known about the dangerous condition, but failed to warn him. Several defendants settled with the decedent’s family and/or were let out of the case. At the time of jury selection, the only defendants left were California Water Service Co. and San Jose Water Co. In addition, Marment, who was a descendant of the decedent, refused to join in the litigation and, therefore, under California law, was named as a nominal defendant. However, Marment did not appear at the time of trial, so Judge Brad Seligman ordered Marment to be aligned with the other plaintiffs. Plaintiffs’ counsel noted that both California Water Service and San Jose Water are investor-owned water companies whose activities, including the selection of materials for installation, are regulated by the California Public Utilities Commission. Counsel also noted that the decedent worked for an underground contractor that was hired by California Water Service to install asbestos-containing pipe for it between 1959 and 1974, and worked for an underground contractor that was hired by San Jose Water to install asbestos-containing pipe for it between 1974 and 1989. Thus, plaintiffs’ counsel argued that California Water Service and San Jose Water negligently provided defective equipment to install, which caused or contributed to the decedent’s injury. Defense counsel contended that the decedent was an employee of an independent contractor hired by California Water Service and San Jose Water and, therefore, under the Privette doctrine, California Water Service and San Jose Water had no duty to him. Counsel for San Jose Water also argued that the amount of asbestos exposure that allegedly occurred on the jobs post-1974 was trivial, insignificant, and not enough to contribute to the decedent’s disease. In addition, counsel for both California Water Service and San Jose Water contented that Hubbard’s employer knew of the dangers of asbestos before, or at the same time as, the defendants did and, therefore, California Water Service and San Jose Water could have no liability under the Kinsman case., Thomas Hubbard was diagnosed with mesothelioma on Aug. 5, 2011, and he ultimately died on Oct. 6, 2011. He is survived by his second wife, adult son, and two adult daughters. The decedent’s family sought recovery of wrongful death damages. The parties stipulated that if liability were established, economic damages would total $296,743.29. Defense counsel claimed that Marment refused to participate in the trial, but was still an indispensable party under the wrongful death statute. Counsel also noted that Hensley testified that she had not seen her father in 15 years, had only joined the lawsuit to support her stepmother and brother, and, thus, sought no damages.