Case details

Family: Decedent’s exposure to asbestos resulted in death

SUMMARY

$904229

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
asbestosis, cardiac, cardio, death, pulmonary, respiratory, respiratory arrest
FACTS
In 2005, plaintiffs’ decedent James Kimberling, 74, a career drywall installer/contractor, underwent coronary arterial bypass surgery due to congestive heart failure. He had no clinical diagnosis of pulmonary hypertension, but he allegedly died from restrictive pulmonary fibrosis (asbestosis). Kimberling’s family claimed that his death was due to his occupational exposure to drywall products, including an asbestos-containing joint compound. The decedent’s wife, Susan Kimberling, and two adult daughters, Jamie Kimberling-Brittain and Angela True, sued the manufacturer of the subject asbestos-containing joint compound, Kaiser Gypsum Co. Inc., and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which the decedent was allegedly exposed. The decedent’s family alleged that the defendants’ actions constituted negligence, a failure to warn and a design defect under the consumer expectation test. The Kimberling family’s 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. The Kimberling family’s complaint ultimately proceeded to trial against Kaiser Gypsum only, as the other defendants either resolved the claims against them or settled either prior to trial or at jury selection at the start of trial. Rodney Kimberling was also originally named as a plaintiff, but he was dismissed from the case early on. Kaiser Gypsum’s counsel denied that James Kimberling had asbestosis, and argued that Kimberling’s death was not associated with asbestos exposure. Instead, counsel contended that Kimberling had cardiac disease that was exacerbated by chronic obstructive pulmonary disease associated with tobacco use. As a result, counsel argued that Kimberling’s death was caused by a cardiac arrest secondary to COPD, as per the entries on Kimberling’s death certificate. In addition, defense counsel argued that Kaiser Gypsum’s asbestos-containing joint compounds were safe, not defective, and not designed defectively and that the company adequately warned of asbestos hazards., James Kimberling suffered cardiopulmonary failure and died in 2005. He was 74 years old. His family claimed that Kimberling suffered a cardiac arrest as a result of restrictive pulmonary fibrosis (asbestosis). Kimberling’s wife and two adult daughters sought recovery of wrongful death damages for the loss of Kimberling. Kaiser Gypsum’s counsel disputed Kimberling’s cause of death, alleging that Kimberling did not have asbestosis and that Kimberling died as a result of a cardiac arrest secondary to COPD, as stated on Kimberling’s death certificate.
COURT
Superior Court of Los Angeles County, Burbank, CA

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