Case details

Pipe distributor failed to warn about asbestos dangers: plaintiff

SUMMARY

$30270501

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, lung cancer, mesothelioma, pulmonary, respiratory
FACTS
In December 2017, plaintiff Norris Morgan, 64, a part-time construction coordinator, learned that he was suffering from pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Between 1983 and 1986, Morgan was a construction superintendent on various sites that utilized asbestos-cement (AC) pipes sold by J-M Manufacturing Co. Inc. As part of the normal construction process, plumbers on the job sites would cut the pipes with power saws to fit them into their final destination. Morgan claimed that his mesothelioma stemmed from his inhalation of asbestos fibers that escaped the pipes during that cutting process. Morgan sued J-M Manufacturing, along with other companies that were believed to have distributed, manufactured and/or sold asbestos-containing products to which he was allegedly exposed. Morgan alleged that the products were defectively designed and that the defendants negligently failed to provide warnings that disclosed the hazards of asbestos. Morgan’s 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. The 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. Morgan settled claims against some of the defendants and discontinued claims against other defendants. Morgan’s complaint ultimately proceeded to trial against J-M Manufacturing and another defendant, Familian Corp. However, Familian Corp settled the claims against it for undisclosed terms shortly before the trial’s closing arguments. Thus, the jury only considered the claims against J-M Manufacturing. Morgan’s counsel argued that J-M Manufacturing began selling AC pipes in 1983, when it purchased the pipe division of Johns Manville, a company that produced numerous asbestos-containing products. By that time, Johns Manville had faced multiple lawsuits involving asbestos-related illnesses. Morgan’s counsel pointed to numerous studies that found a link between asbestos and mesothelioma. Based on those studies, counsel argued that J-M Manufacturing knew about the dangers of asbestos from the moment it first began selling AC pipes. Morgan’s counsel contended that J-M Manufacturing was also producing safer, asbestos-free PVC pipes and that J-M Manufacturing could have just sold the PVC pipes instead of selling the AC pipes. Counsel argued that had J-M Manufacturing just sold the PVC pipes, it would have prevented its customers from being unnecessarily exposed to asbestos. According to Morgan’s counsel, there was no safe way to use AC pipes. Morgan’s counsel further contended that J-M Manufacturing never made any attempt to warn consumers about the dangers of the asbestos in its AC pipes. Counsel contended that J-M Manufacturing had signs in its plants warning employees about asbestos exposure, so counsel questioned why those same warnings were not present on the AC pipes. J-M Manufacturing’s counsel maintained that the AC pipes did contain a warning stating that the asbestos dust is hazardous to breathe. Counsel also argued that Morgan and others who worked around AC pipes knew or should have known that a respirator was necessary to protect them from the dust. Counsel further argued that workers on construction sites should have used snap cutters to cut the pipes, instead of power saws, as it would have released less asbestos dust. In addition, counsel argued that Morgan’s illness was caused by asbestos-containing products that were distributed, manufactured and/or sold by other companies. In response, Morgan’s counsel argued that J-M Manufacturing never produced any objective evidence to establish that J-M Manufacturing’s alleged warning was provided and that if the warning existed, it was insufficient because it did not mention that asbestos can cause cancer. Morgan’s counsel further argued that J-M Manufacturing did not tell consumers to wear a respirator or use snap cutters, even though it knew the industry standard was to use power saws to cut AC pipes., Norris Morgan was diagnosed with pleural mesothelioma in December 2017. A short time later, he was placed in home hospice care. He has not received any chemotherapy or other treatment, and his condition has continued to decline. At the time of his diagnosis, he was given approximately one year to live. Morgan sought recovery of approximately $1 million in economic damages for his loss of earning capacity, loss of Social Security benefits, and loss of household services. He also sought recovery of damages for his past and future pain and suffering. He additionally sought punitive damages, alleging that J-M Manufacturing acted with fraud, malice and oppression. His wife, Lori Morgan, filed a derivative claim seeking recovery for her loss of consortium. The defense’s expert economist opined that Mr. Morgan was only entitled to around $500,000 in economic damages. J-M Manufacturing disputed the punitive damages award by arguing that J-M Manufacturing’s actions did not rise to the level of being malicious, fraudulent or oppressive.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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