Case details
Smoking caused fatal lung cancer, not asbestos: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
death cancer, lung
FACTS
On Aug. 10, 2010, plaintiffs’ decedent Maurice Rush, 77, a retired plasterer who had worked from 1950 to 1997, passed away due to complications from lung cancer. The decedent’s surviving adult children, Rick Rush, who was acting individually and as successor-in-interest to Maurice Rush, Kathy Munday and Rodney Rush, sued the manufacturers of building/construction materials used by the decedent, CalPortland Co. and Merlex Stucco Inc.; the providers of building/construction materials used by the decedent, Reliable Building Materials Inc. and Supro Corp.; and several other companies in the building materials industry. The decedent’s children alleged that the defendants were negligent and strictly liable for their father’s wrongful death due to the manufacture and/or selling of products with asbestos. Prior to trial, several of the defendants in the building materials industry reached confidential settlements with the plaintiffs. Later, Supro Corp. also settled with the plaintiffs for a confidential amount one week into trial. In addition, the plaintiffs dismissed their negligence claims at trial, and a nonsuit was granted by the court on the survival causes of action. Thus, the matter continued only against CalPortland Co., Merlex Stucco Inc. and Reliable Building Materials Inc. on the remaining strict liability cause of action. Plaintiffs’ counsel contended that Merlex Stucco and CalPortland were negligent for manufacturing asbestos-containing stucco and/or gun plastic cement, which the decedent had worked with during his 47-year career as a plasterer. Counsel further contended that Reliable Building Materials was negligent for selling the asbestos-containing products. Defense counsel contended that there was insufficient product identification evidence presented at trial to implicate CalPortland, Merlex Stucco and Reliable Building Materials in the death of the decedent. Counsel primarily argued that the decedent’s lung cancer was, instead, caused by his extensive smoking history, as he smoked two packs a day for over 50 years., Maurice Rush developed lung cancer, which his family claimed was caused by his exposure to asbestos. The decedent ultimately died on Aug. 10, 2010, after developing complications with his condition. He was 77. The decedent was survived by three adult sons and an adult daughter. Thus, the decedent’s children sought recovery of $4,105.28 in economic damages, consisting of funeral expenses, as well as an unspecified amount in general damages related to their father’s wrongful death. Defense counsel disputed the cause of the decedent’s lung cancer, arguing that it was caused by the decedent’s extensive smoking history, as he smoked two packs a day for over 50 years.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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