Case details

Packing material not defective or dangerous, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In January 2015, plaintiff James Harkin, 78, a former pipefitter, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. He claimed that his condition was caused by an exposure to asbestos during his employment at several oil refineries. Harkin sued John Crane Inc., Oscar E. Erickson Inc., and numerous other companies whose conduct allegedly exposed him to asbestos. Several of the companies were ultimately let out of the case, and the matter continued against John Crane and Oscar E. Erickson only. Harkin claimed that he developed mesothelioma after being exposed to asbestos-containing valve-packing material manufactured by John Crane. Thus, he alleged that John Crane had defectively designed and/or manufactured its packing material and had failed to warn of the dangers of being exposed to its asbestos-containing material. Harkin also claimed that Oscar E. Erickson was liable for its employees’ negligent action of disturbing asbestos while he worked at Union Oil Refinery, in Rodeo, between 1970 and 1972. Specifically, Harkin claimed that Oscar E. Erickson’s employees attempted to sweep up the asbestos-containing material while in his presence, causing him to be exposed to potentially harmful asbestos. Counsel for John Crane argued that the packing material manufactured by John Crane was neither defective nor dangerous. Thus, counsel argued that John Crane was not negligent for the sale of asbestos-containing packing material. Counsel for Oscar E. Erickson argued that there was no proof that any employee of Oscar E. Erickson exposed Harkin to asbestos., Harkin was diagnosed with mesothelioma when he was 78 years old. Thus, according to defense counsel, plaintiff’s counsel asked the jury to award Harkin hundreds of millions of dollars in damages.
COURT
Superior Court of Alameda County, Oakland, CA

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