Case details

Refinery workers did not cause alleged asbestos exposure: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
asbestosis, cancer, death, gastric, pulmonary, respiratory
FACTS
In November 2004, plaintiffs’ decedent Jodie Collins Sr., 53, was diagnosed with asbestosis, which is long-term inflammation and scarring of the lungs due to exposure to asbestos fibers. One month later, he was diagnosed with pleural disease, which was allegedly asbestos-related. Later, in 2011, Collins, then 60, was diagnosed with stomach cancer. Prior to his diagnoses, Collins worked as a laborer, boilermaker and pipe fitter from 1972 until 2011. It was alleged that his condition was caused by his exposure to asbestos and asbestos-containing products at his various jobs. Collins ultimately died in 2014. The decedent’s wife, Marjorie Collins, and their adult children, Jodie Collins Jr. and Nadine Amaral, acting on behalf of the elder Jodie Collins’ estate, sued Crane Co., Parsons Government Services Inc., and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which the decedent was allegedly exposed. The lawsuit alleged that the defendants failed to warn about the dangers of being exposed to asbestos. Marjorie Collins died in 2018, before the case reached trial, so her children continued with the lawsuit. In addition, Crane Co. and several other defendants resolved the claims against them prior to trial. Thus, the matter continued with the Collins children’s claims against Parsons Government Services only. Plaintiffs’ counsel contended that Parsons Government Services should have warned its workers about the dangers of asbestos so that they could warn others about the dangers of possible asbestos exposure. Counsel also contended that the company should have tested the air while disturbing asbestos products in order to protect all those working nearby. Parsons Government Services’ counsel contended that the seven months during which Jodie Collins Sr. allegedly saw Parsons Government Services employees work at refineries near him was inconsistent with other evidence regarding Parsons Government Services’ work at those sites. Counsel also contended that any work Parsons Government Services’ employees might have done while Collins was present was not a substantial factor in the development of Collins’ cancer because, according to Collins’ own testimony prior to his death, those employees were generally between 5 and 50 feet away from him. In addition, counsel argued that asbestos does not cause stomach cancer., Jodie Collins Sr. was allegedly diagnosed with asbestosis and asbestos-related pleural disease in late 2004. His family claimed that as a result, Collins suffered from severe breathing difficulties and other lung damage. Collins was later diagnosed with stomach cancer in 2011. As a result, he stopped working that year. He ultimately died as a result of the cancer in 2014. Collins was 63 years old at the time of his death. He was survived by his wife, Marjorie Collins; his adult son, Jodie Collins Jr.; and his adult daughter, Nadine Amaral. However, his wife later passed away prior to trial. The Collins children, acting on behalf of their father’s estate, sought recovery of wrongful death damages for the loss of their father. Specifically, they sought recovery of damages for the loss their father’s care, society, comfort, attention, services and support. They also sought recovery of funeral, burial and medical expenses. Parsons Government Services’ counsel acknowledged that the elder Jodie Collins’ death was caused by his cancer, but argued that Collins’ stomach cancer was not due to any alleged exposure to asbestos.
COURT
Superior Court of San Francisco County, San Francisco, CA

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