Case details

Failure to warn of asbestos content resulted in death: suit

SUMMARY

$38951367.1

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, loss of society cancer, mesothelioma
FACTS
From 1959 through 1988, plaintiffs’ decedent Secundino Medina worked as an assembly line factory worker and security guard for General Motors at its assembly plant in Van Nuys. In December 2009, Medina, then 79 years old, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. He ultimately died at home on July 4, 2010. The decedent’s three daughters (Patricia Soto, Yolanda Isaak and Leticia Medina) and a great-grandson whom the decedent supported (Eli Canett) sued BorgWarner Corp., Borgwarner Morse Tec Inc., American Smelting and Refining Co., and over 30 other manufacturers of automobile parts stocked at the plant. The family claimed that the decedent was exposed to asbestos-containing parts manufactured by the defendants, making the defendants liable for the decedent’s wrongful death. Many of the defendants resolved the matter through dismissal or settlement. Also, at the close of the plaintiffs’ evidence at trial, the court granted defense counsel’ motion for nonsuit and dismissed Canett’s claims, as well as granted defense counsel’s motion for nonsuit on several of the plaintiffs’ other claims, including fraud, breach of implied warranty, and conspiracy. Thus, the trial continued only with the claims of failure to warn, design defect, general negligence and punitive damages made by the decedent’s estate and his three daughters against BorgWarner Morse Tec Inc., individually and as successor to BorgWarner Corp. Plaintiffs’ counsel contended that the decedent was exposed to chrysotile asbestos-containing automotive clutches that BorgWarner supplied to General Motors to be incorporated in General Motors’ automobiles, including, but not limited to, TransAms and Firebirds, amongst many others. Counsel also contended that BorgWarner’s clutches were defective because they failed to carry an adequate warning detailing the asbestos content or health risk, despite BorgWarner’s own knowledge of such hazards from its own manufacturing operations that incorporated asbestos at plants located throughout the United States. BorgWarner claimed that its products were not defective and that its actions were reasonable. Instead, BorgWarner’s counsel argued that the decedent’s employer, General Motors, was at fault, as was American Smelting and Refining Co., which employed the decedent’s father., Secundino Medina was diagnosed with pleural mesothelioma,a cancer that affects the lining of the lungs, in December 2009, when he was 79 years old. His treatment/therapy included chemotherapy. However, he ultimately passed away on July 4, 2010. The decedent is survived by his family, which includes his three daughters, grandchildren and great-grandchildren. The decedent’s three daughters, Patricia Soto, Yolanda Isaak and Leticia Medina, sought recovery of survival damages and wrongful death damages. The decedent’s estate sought recovery of economic damages related to the decedent’s treatment and death, including medical and funeral expenses. In addition, the estate alleged that BorgWarner acted with malice or oppression, and sought recovery of punitive damages. However, the parties stipulated that the out-of-pocket expenses that the decedent personally paid for his medical treatment was $21,301, and the court precluded the decedent’s family from recovering any economic award for the alleged loss of household services, lost pension or lost social security earnings estimated to be approximately $400,000. Counsel for BorgWarner argued that punitive damages were not warranted.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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