In January 2011, plaintiffs’ decedent Dennis O’Kelley was diagnosed with metastatic lung cancer. He was treated with chemotherapy, but the cancer spread to his brain. O’Kelley ultimately passed away on Nov. 26, 2011, at the age of 55, due to complications from the cancer. His surviving children claimed that during their father’s career as a plumber, he laid underground water pipes, causing him to be exposed to asbestos-containing cement pipes. They claimed that this exposure caused their father’s lung cancer and death. The decedent’s children, Hollen O’Kelley, Conner O’Kelley, Danielle O’Kelley, sued several of the alleged manufacturers and/or suppliers of the pipes that the decedent worked with, including CertainTeed Corp., Buttes Pipe & Supply Co., Pacific Coast Supply LLC, Familian Corp., Formosa Plastics Corp. U.S.A., Calaveras Asbestos LTD, and J-M Manufacturing Co. The decedent’s children alleged that the defendants were negligent and strictly liable for failing to warn of the dangers of working with the subject asbestos-containing products, which caused the decedent’s wrongful death. Several of the defendants resolved their cases prior to trial, including Pacific Coast Supply and Familian Corp., which resolved the matter against them before opening statements. In addition, another entity, Formosa Plastics, was nonsuited after opening statements, while two other entities, Calaveras Asbestos and J-M Manufacturing, resolved the matter with the plaintiffs during witness testimony. Thus, the matter continued against only CertainTeed and Buttes Pipe & Supply. Plaintiffs’ counsel contended that the decedent was exposed to asbestos while working with the defendants’ pipes from 1978 to 1986, specifically when using a power saw to cut or bevel the pipes. Counsel also contended that CertainTeed was a manufacturer and distributor of asbestos-containing cement pipes and that 60 percent of the pipes that the decedent worked with were made by CertainTeed. Counsel further contended that the remaining 40 percent of the asbestos-containing cement pipes that the decedent worked with were supplied by Johns Mansville, which Buttes Pipe & Supply distributed along with other distributors of Johns Mansville products. Thus, plaintiffs’ counsel argued that CertainTeed and Buttes Pipe & Supply failed to warn the decedent of the defective, asbestos-containing products that were placed into the stream of commerce. Specifically, counsel argued that CertainTeed and Buttes Pipe & Supply failed to warn workers about the risk of developing lung cancer from their exposure to the asbestos-containing cement pipe. Counsel for CertainTeed and Buttes Pipe & Supply brought a “state of the art” defense, arguing that CertainTeed and Buttes Pipe & Supply could not have known about the particular danger or hazard in the subject products based on the scientific or technical knowledge available at the time these products were made or sold. Counsel contended that as such, the subject “state of the art” products conformed to all of the safety and health standards required at the time they were made, even though research since that time has shown that the asbestos these products contained are hazardous to one’s health. Counsel for CertainTeed and Buttes Pipe & Supply further argued that despite the fact that the subject cement pipes contained asbestos, by the time the decedent started working as an underground construction plumber, his employer, West Valley Construction, was well-aware of the health risks involved when working with asbestos-containing materials and was specifically aware of the risks of developing lung cancer. Counsel contended that West Valley Construction had a safety program — with policies that predated the decedent’s employment — to inform employees about the dangers of working with asbestos-containing cement pipe, which specifically prohibited employees from using power saws to cut or bevel pipe, and highlighted tools and materials that were safer to work with. Thus, counsel argued that the decedent’s employer was well-aware of the health/cancer risks involved when handling asbestos-containing cement pipes, and presented three witnesses who testified that West Valley Construction willfully enforced the safety program and its rules., Dennis O’Kelley underwent chemotherapy after being diagnosed with metastatic lung cancer. However, the cancer spread to his brain and he died on Nov. 26, 2011. He was 55. The decedent is survived by two sons, ages 22 and 24, and one daughter, age 17. The decedent’s children sought recovery of $3.5 million in non-economic wrongful death damages for the loss of their father’s society and companionship. They also sought recovery of, and the parties stipulated to, $350,000 in economic damages for the decedent’s past medical expenses and lost income. Counsel for CertainTeed and Buttes Pipe & Supply contended that the decedent smoked tobacco and was significantly exposed to second-hand tobacco smoke as a child. Counsel also contended that the decedent’s medical records showed pathological emphysema and a complete absence of medical markers that would sustain a finding of significant asbestos exposure.