Case details

Plaintiff: Exposure to asbestos-containing cement caused cancer

SUMMARY

$6811189

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In April 2015, plaintiff Kenneth Kramer, 58, a freelance construction worker, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Kramer previously performed a number of side jobs in the 1970s, some of which placed him in direct contact with Riverside gun plastic cement, an asbestos-containing product manufactured by Amcord Inc., which was formerly known as the Riverside Cement Co. Amcord, Inc. was a manufacturer of asbestos-containing products, including gun-applied plastic cements, which were used to form supportive layers underneath stucco-finished construction in buildings of all kinds. Kramer claimed he developed mesothelioma after being exposed to various construction materials that allegedly contained asbestos, including the Amcord product. Kramer sued 3M Co., Amcord, and other manufacturers and/or distributors of asbestos-containing products. Kramer alleged that the defendants defectively designed their respective products and failed to adequately warn of the respective products’ dangers. He also alleged that the defendants were negligent for their actions. 3M Co. and several other defendants resolved the claims against them. Thus, the matter continued to trial against Amcord only. Plaintiff’s counsel contended that Amcord did not know when it put warnings on its product and that when the warnings were placed, they were not sufficient enough. Kramer and other witnesses testified that they never saw any warnings on Riverside gun plastic cement., Kramer was diagnosed with mesothelioma in April 2015. He subsequently underwent chemotherapy and is now stable. Kramer, who was 61 years old at the time of trial, is still self-employed as an engraver for memorials. The plaintiff’s experts opined that exposure to Amcord’s asbestos-containing product was a contributing factor in the development of Kramer’s mesothelioma. Amcord’s counsel argued that the type of asbestos in Amcord’s products did not cause or contribute to Kramer’s cancer.
COURT
Superior Court of Alameda County, Oakland, CA

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