Case details

Contractor failed to warn about asbestos dangers: plaintiff

SUMMARY

$3000429.54

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, lung cancer, mesothelioma
FACTS
On Dec. 7, 2017, plaintiff Ervan Groves, 78, a former laborer, was diagnosed with malignant mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Groves previously worked for Masonite Corp., which manufactures interior doors and entry door systems. From 1964 to 1999, he worked out of the company’s Ukiah location, where D.W. Nicholson Corp., a contractor, installed mechanical, electrical and piping equipment more than 100 times while Groves worked there. Groves claimed that his cancer was caused by his exposure to asbestos from the installations. Groves sued Masonite; D.W. Nicholson; a boiler contractor, J.T. Thorpe and Son; and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Groves was allegedly exposed. Groves alleged that the defendants failed to warn of the potential risks of being exposed to asbestos. Groves’ complaint was coordinated with hundreds of other cases that were pending in different counties that shared common questions of fact or law regarding direct and indirect exposure, and involved many of the same defendants. The cases were joined in one court, the Los Angeles County Superior Court. Many of those cases were put on hold while awaiting a decision regarding an appellate case involving indirect exposure. J.T. Thorpe and Son settled out of Groves’ case, and several other defendants were dismissed or settled out. Groves’ complaint ultimately proceeded to trial against D.W. Nicholson only. Plaintiff’s counsel contended that D.W. Nicholson failed to warn employees who were exposed to asbestos that it was dangerous. Counsel also contended that D.W. Nicholson failed to clean up asbestos that was left behind, further subjecting employees to the risk of asbestos-related diseases. D.W. Nicholson contended that it did not work with asbestos., Groves was diagnosed with malignant mesothelioma on Dec. 7, 2017. He is now 80 years old and retired. He claimed that his caner is terminal. Groves sought recovery of past and future medical costs, and damages for his past and future pain and suffering. He also sought recovery of punitive damages. His wife, Jo Ann Groves, presented a derivative claim seeking recovery for her loss of consortium.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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