Case details

Family: Heavy smoker still exposed to asbestos

SUMMARY

$250000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death cancer, lung
FACTS
In 2014, plaintiffs’ decedent, Russell Mahoney, 85, a retired plasterer, succumbed to lung cancer. Mahoney served in the U.S. Navy from 1946 to 1950. He then had a career as a plasterer from 1950 to 1990. During that time, he used, and was a bystander to others using, both gun- and hand-applied plastic cement manufactured by Kaiser Cement Corp., as well as K-Spray acoustical ceiling spray and joint compound manufactured by Kaiser Gypsum Co. Inc., in addition to other asbestos-containing products. Mahoney was also a heavy smoker for many years, and he suffered emphysema. While his family accepted that Mahoney contributed to the cause of his lung cancer by smoking cigarettes, they claimed that Mahoney’s cancer was also caused by his exposure to asbestos dust from multiple entities. Mahoney’s wife, Louise Mahoney, and adult children, Michael Mahoney, David Mahoney, James Mahoney, Linda Mahoney Cambra, John Mahoney and Dennis Mahoney, sued Kaiser Gypsum Co. Inc., Hanson Permanente Cement (formerly known as Kaiser Cement Corp.) and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Russell Mahoney was allegedly exposed. The lawsuit alleged that the defendants defectively designed their respective products and failed to warn of the dangers of asbestos exposure, causing Mahoney’s wrongful death. Several defendants were dismissed or settled out of the case, and the matter ultimately continued against Kaiser Gypsum and Hanson Permanente only. Plaintiffs’ counsel contended that Kaiser Gypsum and Kaiser Cement (now Hanson Permanente) should have known about the medical and scientific literature regarding asbestos, as well as California and various federal regulations, dating to 1930, that specifically required Kaiser to know about, test for and warn of asbestos hazards from its products, and to use precautions to protect workers from the hazards of breathing asbestos dust. Counsel also contended that, based on internal company documents, Kaiser Gypsum and Hanson Permanente knew, since as far back as 1965, that the inhalation of asbestos dust released from their products would cause cancer in their customers and bystanders many decades later. Plaintiffs’ counsel contended that despite that knowledge, Kaiser Gypsum and Hanson Permanente sold their products with no warning at all until just before they removed the asbestos from their products and that when it did include a warning, it was inadequate. Defense counsel argued that Mahoney’s cancer could have been caused by other things due to his advanced age, years of heavy smoking, severe emphysema and service in the Navy prior to becoming a plasterer, and noted a lack of clinical or pathological asbestosis in regard to Mahoney. Defense counsel also presented evidence that Kaiser Gypsum and Hanson Permanente did place warnings on their packaging, were one of the earliest companies to do so, and were among the earliest manufacturers to remove asbestos from those types of products. In addition, counsel argued that the testimony against Kaiser was contradictory and contended that Kaiser Gypsum was the first drywall accessory product manufacturer to place OSHA-mandated asbestos-caution labels on the bags of its products and was the first in its industry to reformulate its products with asbestos-free formulations., Mahoney developed lung cancer and died from his condition in 2014. He was 84 years old. He was survived by his wife, five adult sons and an adult daughter. Plaintiffs’ counsel contended that Mahoney had markers of asbestos exposure, including pleural plaques and mild asbestosis. The plaintiffs’ expert pathologist also opined that, based on his review of the pathology, Mahoney had signs of asbestosis. Mahoney’s family sought recovery of wrongful death damages for the loss of a husband and father. Defense counsel disputed plaintiffs’ counsel’s contention that Mahoney had markers of pleural plaques and mild asbestosis. In addition, the defense’s expert pathologist disputed the asbestosis diagnosis and pointed out that the condition was not noted by Mahoney’s treating physicians.
COURT
Superior Court of Alameda County, Oakland, CA

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