Case details

Plaintiff exposed to asbestos in the Navy, employers maintained

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, pleural mesothelioma
FACTS
On Jan. 2, 2015, plaintiff Steve Swasey, 71, a former automotive mechanic and seaman in the U.S. Navy, was diagnosed with pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Swasey previously served in the U.S. Navy on board the U.S.S. St. Clair County from 1962 to 1965, during which he also stood fire watch aboard the ship during a six-month fleet rehabilitation and modernization overhaul at Long Beach Naval Shipyard in 1964. Swasey then served in the Navy reserves from 1965 until 1968. After being discharged from the U.S. Navy, Swasey worked as an automotive mechanic from 1965 until his retirement in 2006. He was later diagnosed with pleural mesothelioma in January 2015. Swasey claimed that it was the exposure to chrysotile asbestos from automotive parts during his career as an automotive mechanic that led to his diagnosis of mesothelioma. Swasey sued Hennessy Industries Inc., AMMCO Tools Inc., I.B. Benedict Co., Maremont Corp., Nissan Motor Co. Ltd., Nissan North America Inc., and over 60 other companies. Swasey alleged that the defendants manufactured, sold, and/or distributed products that were defective. He also alleged that the defendants were negligent in their failure to warn of the dangers of working with products that contained asbestos. Several defendants were let out of the case, and the matter proceeded to trial against 13 defendants. Then several other defendants were voluntarily dismissed, were non-suited, or settled out during the trial. In addition, an insulation supplier to the Navy was let out on a directed verdict. Thus, the matter continued against only Hennessy Industries, AMMCO Tools, I.B. Benedict, Maremont Corp., Nissan Motor, and Nissan North America. Counsel for the remaining defendants contended that prior to Swasey becoming an automotive mechanic in 1965, he was an officer and mechanic in the U.S. Navy, where he worked below ship decks, among steam pipes and insulation. Thus, defense counsel argued that Swasey’s asbestos exposure occurred during his time with the Navy. Counsel further argued that any exposure that Swasey had to asbestos from the remaining defendants’ products would not have caused mesothelioma., Swasey was diagnosed with pleural mesothelioma on Jan. 2, 2015. His lung condition is aggressive and incurable. Swasey’s wife, plaintiff Virginia Swasey, claimed that she was very ill and that her husband was her sole caretaker. Thus, she sought recovery for her loss of consortium. The Swaseys ultimately sought recovery of approximately $30 million in compensatory damages.
COURT
Superior Court of Alameda County, Oakland, CA

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