Case details

Plaintiff claimed exposure to asbestos on father’s work clothes

SUMMARY

$11406500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In December 2016, plaintiff Alfred Mata, 64, a machinist who was entertaining a consulting position working with metal parts, was diagnosed with malignant mesothelioma, which is a rare, asbestos-related cancer that forms on the protective tissues covering the lungs, abdomen and heart. Mata claimed that when he was 18 to 33 years old, he was exposed to chrysotile and crocidolite asbestos fibers that were in the cement pipes that his father worked on. Mata’s father cut, installed and repaired asbestos-containing cement water pipes for Park Water, a water service provider that is now known as Liberty Utilities (Park Water) Corp. The company provides water to residents in Southern Los Angeles County, including Compton, Downey, Lynwood, Norwalk and Paramount, and has been in business since the 1930s. Mata claimed that his father unknowingly exposed his family to chrysotile and crocidolite asbestos fibers when he brought his asbestos-contaminated clothing home from work from 1970 to 1985. Mata sued an industrial equipment supplier, Air and Liquid Systems Corp., and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Mata was allegedly exposed. A pipe manufacturer, CertainTeed Corp.; a manufacturer and distributor of pipes, Grinnell LLC; a supplier of underground piping products, MS2G Inc.; and Mata’s father’s employers, Liberty Utilities (Park Water) Corp., Liberty Utilities Co. and Liberty Utilities Service Corp., were later added as defendants. Mata’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. Air and Liquid Systems Corp., Grinnell LLC, MS2G Inc., Liberty Utilities Co., Liberty Utilities Service Corp. and several other defendants were dismissed from, or settled out of, Mata’s action. In addition, CertainTeed confidentially resolved the claims against it with Mata. Thus, Mata’s complaint ultimately proceeded to trial against Liberty Utilities (Park Water) only. Mata’s counsel contended that Liberty Utilities (Park Water) was negligent in that it failed to alert its employees of the dangers of asbestos and failed to provide proper safety measures, including separate lockers for street and work clothing, as required by the Occupational Safety and Health Act. Counsel further argued that Liberty Utilities (Park Water) violated both federal and state health and safety laws for more than a decade. Defense counsel did not dispute that Mata’s father worked for Liberty Utilities (Park Water) or that he cut and worked with asbestos-containing cement pipes. However, counsel argued that Mata’s mesothelioma was not caused by any alleged exposure to asbestos fibers from Mata’s father’s work clothes., Mata was diagnosed with mesothelioma in December 2016. He underwent a few rounds of chemotherapy and is no longer working, as he is focusing on his health. Mata was alive at the time of trial, but he was too ill to testify. Thus, Mata sought recovery of past and future medical expenses, past lost earnings, future lost earnings in relation to his Social Security and pension, and future loss of earning capacity. He also sought recovery of noneconomic damages for his past and future pain and suffering, and punitive damages. His wife, Leticia Mata, presented a derivative claim, seeking recovery for her loss of consortium. Defense counsel argued that Mr. Mata’s mesothelioma was spontaneous and not caused by asbestos.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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