On Oct. 28, 2012, plaintiff Bradley Bishop, 69, a retired laborer, was diagnosed with mesothelioma,which is an aggressive, incurable cancer that often stems from exposure to asbestos. Bishop claimed the cancer was caused by exposure to asbestos from a cement pipe that was being cut in December 1969, when he was working as a construction flagman on a road construction project in Northern California. Bishop sued the manufacturer of the cement pipe, CertainTeed Corp., as well as CBS Corp., Metropolitan Life Insurance Co., Westburne Supply Inc., Grinnell LLC, J.T. Thorpe & Son Inc., Western MacArthur Co., MacArthur Co., Western Asbestos Co., and Colonial Sugar Refining Co. Bishop alleged that the defendants were negligent and strictly liable for the defective design of the pipe and failing to warn of its dangerous condition. Prior to trial, the actions against CBS, Metropolitan Life, Westburne, Grinnell, J.T. Thorpe, Western MacArthur, MacArthur, Western Asbestos, and Colonial Sugar were all resolved on motions for summary judgment or nonsuit. Thus, the matter proceeded to trial against CertainTeed only. Bishop claimed he was exposed to asbestos from a CertainTeed asbestos cement pipe, which was being cut by workers in December 1969 during a road construction project in Arcata. He alleged that he remembered seeing truckloads of CertainTeed asbestos cement pipe delivered to a large freeway project, and that it was cut and laid in trenches along the new roadway. Bishop, who was too ill to testify at trial, testified via videotape that working as a flagman, he was exposed as a bystander to the pipe cutting. CertainTeed disputed Bishop’s claim of being exposed to asbestos from a cement pipe. It claimed that it obtained all available documents from the California Department of Transportation reflecting projects along the freeway during the relevant time frame and that these documents showed the use of non-asbestos corrugated metal drainage pipe. CertainTeed’s memory expert testified that product identification can be suggestive when it is based on photographs. Thus, CertainTeed’s counsel contended that Bishop was unable to recall any other products used on the roadway project and that Bishop recalled the CertainTeed pipe only after being shown a picture of it by his counsel. CertainTeed’s counsel argued that Bishop not only failed to show that the product identification was an independent memory, but also failed to produce any corroborating eyewitnesses or documentary evidence to support his allegation that CertainTeed pipe was on the project alleged, other than Bishop’s own testimony. In addition, counsel presented testimony from a Caltrans expert, who reviewed all available documents concerning the subject road construction and confirmed no asbestos-containing pipe was used on the project., Bishop was diagnosed with malignant pleural mesothelioma, a painful and fatal cancer of the lining of the lung, on Oct. 28, 2012. He subsequently underwent several rounds of chemotherapy, but he claimed the cancer will ultimately take his life. The parties stipulated that Bishop’s economic loss was $325,544 and that he should be awarded that amount, should a plaintiff’s verdict be rendered. Bishop also sought recovery of non-economic damages for his pain and suffering.