Case details

No link to asbestos products and plaintiff’s illness: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
economic damages
FACTS
In March 2015, plaintiff Christine Pass, 63, was diagnosed with mesothelioma. She attributed her disease to asbestos exposure that mostly occurred while she did her ex-husband’s and his co-workers’ laundry after they worked with and around drywall and joint compound in the 1970s. Following her diagnosis, Pass filed suit against numerous companies whose conduct allegedly exposed her to asbestos. She claimed that, in addition to her exposure from asbestos-tainted laundry, she had also been exposed when she actively helped her ex-husband on certain jobs using joint compound, so her alleged exposure was both direct and indirect. The lawsuit asserted claims of negligence and strict liability for failure to warn about the dangers of the asbestos products that the defendants were manufacturing and/or distributing. Pass’ 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. These 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. However, since Pass’ complaint involved claims of both direct and indirect exposure, it proceeded to trial. Thus, Pass’ complaint, which named about a dozen defendants, ultimately proceeded to trial against the only three remaining defendants, Kelly-Moore Paint Co., Union Carbide Corp., and Elementis Chemicals Inc. At trial, the companies argued there was insufficient evidence of exposure from their products and challenged causation. Union Carbide and Elementis also asserted that they had provided sufficient warnings, and that the “sophisticated intermediary” doctrine insulated them from liability., Pass, a mother of 10 children, was 63 at the time of her mesothelioma diagnosis in March 2015. Her treatment is largely palliative. Pass’s husband joined in the suit, asserting a loss of consortium claim. At trial, Pass asked the jury for $1 million in economic damages, approximately $10 million in non-economic damages, and punitive damages from Union Carbide.
COURT
Superior Court of Los Angeles County, Torrance, CA

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