Case details

Suit: Longshoreman exposed to asbestos in ship engine rooms

SUMMARY

$24260000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, lung, mesothelioma
FACTS
In August 2016, plaintiff George Lucas, 80, a former longshoreman, was diagnosed with pleural mesothelioma, a debilitating and fatal cancer of the lining surrounding the lungs. From 1959 to 2001, Lucas worked as a longshoreman laborer and as a longshoreman clerk throughout the many San Francisco Bay Area piers, where break-bulk cargo ships and later containerized cargo ships would load and unload cargo. Between 1959 and 1986, Lucas went into the engine rooms of ships to get warm, frequently during breaks. A shipyard contractor, Triple A Machine Shop Inc., was often in the same engine rooms, removing and installing asbestos-containing thermal insulation, gaskets, and packing. As a result, Lucas was allegedly exposed, as a bystander, to chrysotile and amosite asbestos dust released from Triple A’s work with the insulation, gaskets, and packing. Lucas sued Triple A Machine Shop Inc., CertainTeed Corp.; Asbestos Corp. Ltd., and several others companies that manufactured, distributed, and/or handled asbestos-containing products. By the time the first trial witness testified, several of the defendants had settled out, and the matter subsequently continued against Triple A only. Lucas claimed that Triple A never provided any warnings, performed any testing, or used any breathing precautions or dust controls. Thus, plaintiff’s counsel contended that Lucas was intermittently subjected to bystander exposure to asbestos dust. Plaintiff’s counsel also presented evidence that allegedly showed that Triple A knew or should have known of the medical and scientific literature, as well as California and various federal regulations, dating back to 1930 that specifically required the company to know of, test for, and warn of asbestos hazards, and to use precautions to protect both its employees and bystanders from the hazards of breathing asbestos dust. The plaintiff’s experts opined that all of Lucas’ proven exposures to asbestos were significant and a cause of his mesothelioma, including his exposure to bags of raw asbestos, but that Lucas’ bystander exposure from Triple A was actually worse because it took place in the confined, enclosed space of engine rooms. They also opined that despite Triple A’s claim that it stopped disturbing asbestos at the advent of the Occupational Safety and Health Administration in 1972, Triple A was, in fact, known as a “blow and go” asbestos contractor through the late 1980s. Triple A’s counsel argued that Triple A was not negligent because other shipyard contractors followed similar practices at that time. Counsel also argued that Lucas was exposed to asbestos during instances when he occasionally unloaded bags of raw asbestos as part of his job duties and that as a longshoreman, Lucas should not have been taking breaks in the engine rooms. Plaintiff’s counsel noted that before trial, at deposition, when hired by both Triple A and the raw fiber defendant, the defense’s industrial hygiene expert opined that neither Triple A nor the raw fiber defendant was responsible for Lucas’ exposure. However, at trial, after the expert was paid by the raw fiber defendant and was now only being paid by Triple A, the industrial hygiene expert blamed all of Lucas’ alleged exposure on the raw fiber defendant., Lucas was diagnosed with pleural mesothelioma in August 2016. He subsequently underwent two thoracentesis procedures and a talc pleurodesis procedure in the fall of 2016, as well as multiple, on-going rounds of chemotherapy in attempt to prolong his life and ease his suffering. Despite being 80 years old, Lucas enjoyed mountain climbing, hiking, walking, and dancing prior to his diagnosis. Thus, he claimed that he could no longer do the activities he once enjoyed as a result of his condition.
COURT
Superior Court of San Francisco County, San Francisco, CA

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