In July 2014, plaintiff Rainer Best, a service coordinator and technical field advisor for Brown Boveri Corp., was diagnosed with malignant mesothelioma, a rare, asbestos-related cancer that forms on the thin protective tissues that cover the lungs and abdomen. Best previously visited Scattergood Generating Station, in El Segundo, in 1975, to assist the City of Los Angeles Department of Water and Power with the removal of several blades from a low pressure steam turbine, which was manufactured by Brown Boveri. In order to open the turbine and access the blades, the turbine shells and a large steam pipe first had to be disconnected, which involved handling thermal insulation around several flanges and access points. Best claimed that this process took about a day and a half, during which time he was exposed to asbestos-containing dust generated by the removal of the insulation. He claimed that some of the insulation he witnessed being removed was asbestos-containing calcium silicate, known as Kaylo 10. Thus, Best claimed that his bystander exposure to the exposed asbestos dust caused the malignant mesothelioma. Best sued the Los Angeles Department of Water and Power, Associated Electric Cooperative Inc., and several other entities. Metalclad Insulation LLC, individually and as successor-by-merger with Metalclad Insulation Corp., was later added to the action. Best alleged that the defendants were liable for his exposure to the asbestos-containing dust. Associated Electric Cooperative, Metalclad Insulation, and several other defendants ultimately settled out of the case. Thus, the matter continued against the Los Angeles Department of Water and Power only. The plaintiff’s expert pulmonologist opined that the pipe insulation removal process could have generated an exposure between 10 to 40 fibers/cc, which was enough to be a substantial factor in contributing to Best’s risk of developing cancer, even though he was a bystander for only a short period of time. Thus, plaintiff’s counsel contended that the Department of Water and Power was liable for the dangerous condition caused by the presence of asbestos. Counsel presented evidence that Owens Corning continued to sell its asbestos-containing Kaylo 10 insulation for several years after it removed asbestos from its manufacture of a new product. Plaintiff’s counsel also contended that the insulation on the pipes at issue were never tested for the presence of asbestos and that it was undisputed that the original specification for the insulation of the turbine’s internal piping could not be located. Counsel noted that the only document discussing insulation on the turbine and its piping showed that Kaylo 10, and not Kaylo 10 Asbestos Free, was installed. Plaintiff’s counsel further argued that counsel for the Department of Water and Power failed to present the log books that were in their possession that would show all the insulation work performed on the turbine. In addition, plaintiff’s counsel argued that counsel for the Department of Water and Power only called one employee who was present at the time the insulation work was performed, but who only had limited knowledge, despite there being several others that they could have called, and did not call any witness who originally insulated the turbine and its internal piping. Defense counsel noted that, over their objections, the plaintiff’s expert pulmonologist was allowed to repeat speculative hearsay statements from unspecified articles and past patients, both of which indicated that asbestos-containing Kaylo 10 continued to be warehoused and sold in California for several years after Owens Corning discontinued the use of asbestos. Defense counsel contended that the turbines were not installed until two years after Owens Corning removed amosite and chrysotile from its Kaylo-brand pipe and block insulation. Counsel argued that it was highly unlikely asbestos-containing insulation had been used during the original construction of the turbines, which was supported by a disputed specification issued by the boiler contractor, the testimony of three employees (one of which was its corporate representative), and an expert that commented on the former testimony of a union insulator that worked on the original construction in 1974, but did not insulate the turbine. In addition, defense counsel argued that the calcium silicate pipe and block insulation had been extensively tested over the years and that asbestos has never been detected in any of the samples., Best was diagnosed with malignant pleural mesothelioma, a malignant cancer that develops on the lining of the lungs, in July 2014. After his diagnosis, he underwent continuous chemotherapy and radiation. Best is still undergoing treatment. He currently is on a break from radiation, but is still undergoing chemotherapy. However, he claimed that the chemotherapy causes various side effects, including a lack of energy and breathing difficulties. Best also claimed that he is unable to do housework, ride a bike, and do chores. Plaintiff’s counsel contended that Best would not live for more than six months. Thus, counsel requested that the jury award Best approximately $1.2 million in special damages, the amount of which was stipulated to, and another $7 million in general damages. Best’s wife, plaintiff Ghislaine Best, sought recovery for her loss of consortium. Defense counsel contended that at the time of his deposition in July 2015, Mr. Best was not undergoing treatment and was able to sit for numerous deposition sessions without the need of oxygen or other assistance. However, counsel noted that Best was unable to personally appear at trial due to his chemotherapy treatment.