Case details
Plaintiff: Work with insulation resulted in asbestos exposure
SUMMARY
$2545000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In 2018, plaintiff Ronald Wilgenbusch, 80, a rear admiral in the U.S. Navy, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Wilgenbusch claimed that he was exposed to asbestos during the installation and removal of Metalclad-supplied insulation on several Navy ships between the early 1960s and the mid-1970s. Wilgenbusch sued Metalclad Insulation LLC and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Wilgenbusch was allegedly exposed. Several of the defendants were removed from the case, and the matter ultimately proceeded against Metalclad only. Wilgenbusch claimed Metalclad defectively designed its products, failed to warn about the potential dangers of asbestos exposure from its products, and failed to recall its products. Plaintiff’s counsel contended that the insulation sold by Metalclad was defective because it contained asbestos and that the company failed to provide customers with instructions or warnings on how to minimize exposure to asbestos from the products. Counsel also contended that when the company failed to timely recall its products once it knew of the dangers its products posed. Metalclad’s counsel contended that Metalclad sold asbestos containing insulation, but that it never marked boxes of insulation with the name “Metalclad.” Counsel also contended that Metalclad stopped selling asbestos-containing insulation products by the end of 1972., Wilgenbusch was diagnosed with mesothelioma in 2018.He received palliative treatment. Wilgenbusch claimed that his condition will shorten his lifespan. (As of 2020, he was 82 years old.) Wilgenbusch sought recovery for his medical costs, loss of earnings, and past and future pain and suffering. His wife, Judith Wilgenbusch, presented a derivative claim seeking recovery for her past and future loss of consortium.
COURT
Superior Court of Alameda County, Oakland, CA
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