On March 15, 2010, plaintiff Tommy Tate Sr. was diagnosed with malignant pleural mesothelioma, a disease caused by inhaling asbestos particles. Tate sued numerous companies whose products contained asbestos. The lawsuit sounded in products liability and alleged counts for negligence, strict liability, false representation, intentional tort/failure to warn, alter ego and loss of consortium. The gravamen of the lawsuit was the failure to warn claim. The lawsuit alleged Tate was exposed during the years Tate served in the U.S. Navy, during 30 to 40 home remodeling projects he worked on over his lifetime, and during brake repairs on automobiles. When the case reached trial readiness the only remaining defendant was CalPortland Co. All other defendants reached confidential settlements or other, undisclosed dispositions. The claim against CalPortland focused on a product it manufactured and distributed called gun plastic cement. It was alleged that Tate was exposed to asbestos dust particles from the gun plastic cement during the home remodeling projects he participated in. CalPortland argued that Tate never performed stucco work and was not exposed to asbestos from its product. At trial, CalPortland argued that Tate’s recollection of stucco work did not conform to industry practices and that his disease most likely arose from exposures in the Navy., Tate contracted mesothelioma, a progressive lung disease that is invariably fatal. All of his treatment, in the nature of radiation and surgical procedures to relieve fluid accumulation around the lungs, has been palliative. Tate’s wife asserted a consortium-loss claim.