Case details
Company denied supplying insulation on decedent’s ship
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
death cancer, mesothelioma
FACTS
On Aug. 29, 2017, plaintiffs’ decedent Fred Wareing, 67, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Wareing served in the U.S. Navy during an overhaul at the Long Beach Naval Station in 1969. His family claimed that Wareing was exposed to asbestos during the overhaul. He ultimately died on Jan. 20, 2018. He was 68. Wareing’s widow, Addie Wareing, and adult daughter, Lori Wareing, sued companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which the decedent was allegedly exposed. The lawsuit alleged that the respective products were defectively designed and that the defendants failed to warn about the dangers of being exposed to asbestos. Several of the defendants resolved the claims against them through settlements or through voluntary dismissal prior to opening statements. As a result, Metalclad Insulation was the only defendant at the time of the verdict. Plaintiffs’ counsel contended that Metalclad Insulation provided the insulation that was used at the Long Beach Naval Shipyard, where Fred Wareing’s ship was stationed, and that the insulation contained asbestos. Metalclad Insulation’s counsel argued that there was no evidence that Metalclad Insulation supplied the insulation that was used on the ship where Wareing was stationed aboard., Fred Wareing was diagnosed with mesothelioma on Aug. 29, 2017. He died nearly five months later, on Jan. 20, 2018. He was 68 years old. He was survived by his wife and an adult daughter. The decedent’s family sought recovery of wrongful death damages for the loss of Wareing.
COURT
Superior Court of Alameda County, Oakland, CA
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