In May 2016, plaintiff Michael Burch, 65, a former pipefitter for J.C. Plumbing Co. and Valley Engineers, was diagnosed with pleural mesothelioma, a malignant cancer caused by asbestos. Burch claimed that in the 1970s he was exposed to crocidolite and chrysotile asbestos while cutting, drilling, and laying asbestos cement (AC) pipe. Burch sued CertainTeed Corp., the AC pipe manufacturer, alleging claims based on the products liability theories of failure to warn, manufacturing defect, fraud and intentional concealment. (He also sued other companies which manufactured or supplied asbestos products which he claimed exposure to, but only CertainTeed continued to trial.) Burch contended that the AC pipe manufactured by CertainTeed was defective; that the company knew of the health risks of its product but failed to warn of those risks; and that the company fraudulently misrepresented, and intentionally concealed, the health risks of working with its AC pipe. Burch’s work involved cutting and beveling pipe using various hand tools and a 12-inch abrasive disc saw, which created dusty working conditions. He asserted that the dust contained asbestos but he was never warned that the dust could cause him to contract mesothelioma. As early as 1962, CertainTeed knew that asbestos caused cancer but did not begin warning about cancer hazards on its pipe until 1985. Moreover, CertainTeed advertised that its pipe was a non-harmful use of asbestos, despite its knowledge to the contrary, according to Burch’s counsel. Burch’s experts opined that he was exposed to large amounts of asbestos when cutting the pipe. They further opined that CertainTeed’s efforts to warn were inadequate and misleading. Counsel for CertainTeed contended that the company warned about the hazards of asbestos and that to the extent any asbestos from its pipe contributed to Burch’s disease, it was the fault of Burch’s employers. The company’s experts opined that CertainTeed acted consistently with the knowledge about asbestos hazards at the time., Burch has been disabled from unrelated work and has not been employed since 1982. He has had multiple thoracentesis procedures to drain his chest of fluid, and now is at home and has a permanent port in his chest so that his wife can drain his chest every few days. He has had four rounds of chemotherapy and may have more. He has lost more than 40 pounds and is extremely weak. He is in a clinical trial at University of California, San Francisco. Burch’s experts opined that his mesothelioma was caused by asbestos, including from the CertainTeed pipe. Michael Burch’s wife, Cindy, sought recovery for loss of consortium. Experts for CertainTeed opined that Burch’s exposure to asbestos from the company’s pipe was not significant. There was evidence at trial that Burch had been an alcoholic for many years and continues to smoke.