Case details

Defense: Company took steps to eliminate asbestos exposure

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
asbestosis, chest pain, chronic inflammatory, lung cancer, persistent dry cough, restricted breathing, scarring disease
FACTS
In late 2012, plaintiff James Angus was diagnosed with asbestos-related lung cancer and asbestosis, a chronic inflammatory and scarring disease that affects the tissue of the lungs. Angus attributed his condition to his work with valve and pump packing during his 19-year service in the U.S. Navy as a boiler tender aboard several ships. Angus sued numerous manufacturers and distributors of asbestos-laden products allegedly utilized by the Navy in the areas he was assigned to work as a boiler tender. He brought products liability and negligence claims against the defendants, alleging that the defendants were strictly liable for failing to warn the Navy about the risks to which sailors functioning in his capacity were exposed. Several of the defendants were either voluntarily or involuntarily dismissed from the case. Thus, the matter proceeded to trial against only John Crane Inc., which was added to the action in an amended complaint after some discovery. Angus served in the U.S. Navy from February 1956 to November 1961, and again from August 1963 through September 1976. During those years, he was utilized primarily as a boiler tender and was exposed to packing materials containing asbestos, which functioned to reduce (absorb) heat around pumps and valves. At trial, plaintiff’s counsel argued that John Crane was a major supplier of such packing materials and that John Crane Inc. was aware of the dangers its products, at least since its executive representatives attended a national, Mechanical Packaging Association meeting in the early 1960s. To establish this, counsel called a corporate representative of John Crane during Angus’ case in chief. John Crane’s counsel contended that, during the relevant periods of time, the type of asbestos used for packing materials of the type utilized by the Navy contained chrysotile asbestos, which is the least potent of the three main types of asbestos fibers. Specifically, as to John Crane’s products, counsel elicited evidence that the company’s particular asbestos-laden packing products were not friable and that the “packing” involved the insertion of the packing materials between certain mechanical surfaces to take up space and absorb heat. John Crane’s counsel further contented that the asbestos contained in its products was encased by non-friable materials, thereby eliminating exposure to the asbestos., Angus was diagnosed with asbestos-related lung cancer and asbestosis (also known as pulmonary fibrosis). At the onset of his condition, Angus experienced symptoms of shortness of breath, restricted breathing, persistent dry cough, chest pain, and tightness in his chest. His condition and its symptoms have been progressive. His prognosis is poor and by the time of trial, his treatment was entirely palliative, with no hope of remission or cure. Angus’s wife presented a derivative claim, seeking recovery for her loss of consortium. Thus, plaintiffs’ counsel asked the jury to award Mr. and Ms. Angus $6.5 million in total damages.
COURT
Superior Court of San Francisco County, San Francisco, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case