Case details

Failure to warn about asbestos in talc resulted in death: family

SUMMARY

$22170000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death cancer, lung cancer, mesothelioma
FACTS
In the fall of 2015, plaintiffs’ decedent, Richard Booker, 71, a paint tinter and mixer, was diagnosed with malignant mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. He later died on June 3, 2016. His family claimed that Booker was exposed to talc with asbestos in a paint manufacturing plant in Hayward, where he worked from 1970 to 1993. Booker’s wife (Cheryl Booker), his two adult daughters (Julie Mae Porter and Denise Rodriguez), and his three granddaughters (Capri Gavino, Sienna Gavino, and Kaylie Klitzing) sued BASF Catalysts LLC, Cyprus Amax Minerals Co., Imerys Talc America Inc., Vanderbilt Minerals, LLC, and various other companies that were believed to have manufactured, distributed, and/or worked with asbestos-containing products to which Mr. Booker was allegedly exposed. The claims against BASF Catalysts and several other defendants were resolved prior trial. In addition, Imerys and Cyprus requested a bench trial to determine, prior to the commencement of a jury trial, whether Imerys or Cyprus held the liabilities for the Cyprus-brand talcs at issue. The court found that Imerys held the liabilities, if any, for the talcs at issue, and ordered the plaintiffs to dismiss Cyprus from the case. Thus, the matter continued against Imerys and Vanderbilt Minerals only. Plaintiffs’ counsel asserted claims of negligence, strict products liability design defect, and strict products liability failure to warn. Specifically, counsel contended that the subject talc was sold without warnings, causing Booker to be exposed to talc that contained asbestos. Plaintiffs’ counsel argued that Imerys and Vanderbilt Minerals knew for years that their talc products contained asbestos, but that the companies withheld that knowledge from their consumers and falsely assured their customers that their talc did not contain asbestos. Counsel also contended that Imerys even re-blended its talc in order to try to hide the asbestos content. Imerys and Vanderbilt Minerals denied that their talc included asbestos. However, plaintiffs’ counsel contended that internal documents of the defendants showed that asbestos was present., Richard Booker died from malignant mesothelioma, a cancer of the lining of the lung, in 2016, when he was 72 years old. Plaintiffs’ counsel contended that the same tremolite and anthophyllite asbestos that was found in the secret, internal company documents of Imerys and Vanderbilt Minerals was also located in the lung tissue of Mr. Booker upon autopsy. Mr. Booker was survived by his wife, two adult daughters, and three granddaughters (who are the children of a third child who died before Mr. Booker developed the cancer). Thus, Mr. Booker’s family sought recovery of damages for the loss of consortium for Mr. Booker’s wife, his two adult children, and three grandchildren. They also sought recovery of punitive damages based on the companies’ alleged acts of malice, oppression, or fraud. Defense counsel argued that “real asbestos” from some unknown source was the cause of Mr. Booker’s cancer and that there were no so-called “secret” documents.
COURT
Superior Court of Alameda County, Oakland, CA

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