Case details

Secondary asbestos exposure caused cancer, plaintiff alleged

SUMMARY

$42299850

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, lung, mesothelioma
FACTS
In 2019, plaintiff Deanne Warren, 61, a homemaker, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Prior to her diagnosis, Ms. Warren’s husband, Craig Warren, worked in residential and commercial carpentry in the late 1970s and then became a general contractor in the 1980s. He worked with several asbestos-containing products, including Algoma Hardwoods Inc.’s doors, which were resistant to fires, and which contained asbestos from 1977 to 1980. Ms. Warren alleged that husband would come home from work with asbestos on his clothes and that her secondary exposure to the asbestos on his clothes caused her to develop cancer. Ms. Warren sued Algoma Hardwoods Inc., alleging that it was negligent in the defect design of its products and in failing to warn of its products’ dangerous condition. Ms. Warren also sued various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which she and/or her husband were allegedly exposed. Ms. Warren’s complaint was coordinated with hundreds of other cases that were pending in different counties that shared common questions of fact or law regarding direct and indirect exposure, and involved many of the same defendants. The cases were consolidated for Judicial Council Coordination Proceedings (JCCP No. 4674) in regard to "LAOSD Asbestos Cases" in one court, the Los Angeles County Superior Court. Many of those cases were put on hold while they awaited a decision regarding an appellate case involving indirect exposure. Ms. Warren’s complaint ultimately proceeded to trial against Algoma Hardwoods only, as the other named defendants were either dismissed or settled out of the case. However, Mr. Warren, Black & Decker, International Paper Co. (also known as Hammermill Paper Co. and Champion International Paper Corp.) and several other previously unnamed entities — such as T.M. Cobb Co., Georgia Pacific and Johnson & Johnson — were listed on the verdict sheet in addition to Algoma Hardwoods. In total, there were 12 nonparty entities, in addition to Algoma Hardwoods, listed on the verdict sheet. At trial, plaintiff’s counsel contended that Algoma Hardwoods knew its product contained a design defect of asbestos. Counsel also contended that the company was negligent in failing to act a way a reasonably careful company should have acted and in failing to recall the product from the consumer landscape. Additionally, plaintiff’s counsel contended that Algoma Hardwoods failed to warn consumers of the defect. Defense counsel argued that the asbestos in Algoma Hardwoods’ product did not contribute to Ms. Warren’s mesothelioma and that if it did contribute to her mesothelioma, then the company was not negligent nor did it fail to warn., Ms. Warren was diagnosed with mesothelioma in 2019. She has had more than 35 rounds of chemotherapy. The parties stipulated that Ms. Warren’s economic damages totaled $1.5 million, which included $687,777 for past medical costs, $124,380 for future medical costs and $687,843 for the loss of the ability to perform household services. As a result, the jury did not need to determine those amounts, and Ms. Warren only asked the jury to award her non-economic damages for her past and future pain and suffering. Her husband, Mr. Warren, presented a derivative claim seeking recovery for his loss of consortium.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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