Case details

Plaintiff was sophisticated user of asbestos products: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In 2011, plaintiff Richard Moran III, 70, a career refractory salesman, was diagnosed with mesothelioma. Having worked for Combustion Engineering, Kaiser Refractories, A.P. Green, and Pryor Giggy from 1964 to present, Moran claimed that he was exposed to asbestos-containing refractory materials that he sold for, removed from, and installed in boilers and heaters and that this exposure caused his mesothelioma. Moran sued Foster Wheel Energy Corp., the manufacturer of some of the boilers and heaters he worked on, as well as sued several other manufacturers and corporate entities. Seven of the manufacturers and corporate entities named in the suit settled for confidential amounts, while the others were either voluntarily dismissed or granted motions for summary judgment. Thus, the matter continued against Foster Wheel only. Moran claimed that he was present during the maintenance and inspection of several boilers and heaters at various industrial job sites between the early 1960s and 1980. He alleged that more than 50 percent of those boilers and heaters were manufactured by Foster Wheel. Thus, Moran claimed that his exposure to asbestos-containing refractory materials during the maintenance and inspection of Foster Wheel’s boilers and heaters caused, or contributed to, his mesothelioma. The plaintiff’s industrial hygiene and pulmonology experts testified that Moran’s exposure to asbestos-containing refractory materials in Foster Wheeler boilers at least contributed to Moran’s mesothelioma. Foster Wheel contended that Moran was a “sophisticated user” of the asbestos-containing refractory materials, which Moran sold and was otherwise exposed to, thus negating the manufacturer’s duty to Moran. However, in response, Moran denied being a “sophisticated user” of the asbestos-containing refractory materials under the law., Moran was diagnosed with mesothelioma in 2011. Moran, who was 73 at the time of trial, claimed that while he was still working part-time at the time of trial, he had to substantially cut back on activities at work and otherwise in the four months leading up to trial. Thus, he sought recovery of several million dollars, including economic damages in the form of medical bills and lost earnings, and damages for his past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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