Case details
Consumers knew of asbestos hazards, company contended
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
loss of consortium cancer, mesothelioma
FACTS
In December 2013, plaintiff David Baeza, 53, was diagnosed with pleural mesothelioma. Baeza claimed that when he was a child and teenager between 1968 and 1981, he came into regular contact with the clothing, shoes, and vehicles of his father, who had been employed at the Johns-Manville manufacturing facility, in Long Beach, where asbestos was used daily. Thus, he claimed that his diagnosis was solely caused by his exposure to the asbestos-covered materials that his father took home from work. Baeza sued Special Electric Co. Inc. and several other entities. The trial ultimately proceeded against Special Electric only, on the single theory of strict liability, alleging that the company’s product was defectively designed under the consumer expectations test. Plaintiff’s counsel contended that all forms of asbestos are defective, including crocidolite, or blue asbestos, which Baeza alleged that Special Electric supplied to Johns-Manville Long Beach for use in making transit pipe in the 1970s. Special Electric’s counsel contended that any asbestos that the company might have supplied to Johns-Manville Long Beach would have occurred no earlier than the mid-1970s and that asbestos was not defective under the consumer expectations test because, by that time, the hazards of exposure to asbestos were known to its ordinary consumers., In December 2013, Baeza was diagnosed with pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Baeza’s treatment included the usual range of modalities. Baeza is currently 55 years old. He claimed he is not expected to live more than six months. Thus, he sought recovery of damages for his pain and suffering, loss of earnings, and past and future medical care and home services. His wife, Vana Baeza, sought recovery for her loss of consortium. The Baeza family includes the Baezas’ two daughters and one son, all of who are in their 20s and live at home.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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