Case details
Union Carbide argued Calidria asbestos not cause of disease
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
drain fluid around lungs, fatal disease, lungs, pleural mesothelioma
FACTS
On March 15, 2011, plaintiff Victor Alexander Jasniy was diagnosed with mesothelioma at the age of 56. Throughout the 1970s, 1980s, and 1990s, plaintiff Victor Jasniy was exposed to asbestos products in various vocational settings. Jasniy sued 71 companies which he blamed for exposing him to asbestos products that caused his illness. With the exception of two defendants, the various defendants settled or were dismissed as the litigation advanced. The only two remaining at the time of trial were Union Carbide and CertainTeed Corp. CertainTeed Corp. settled a few days into trial. All of the settlements were on confidential terms. Jasniy’s lawsuit claimed that Union Carbide’s Calidria asbestos was used in several types of products, including joint compound and floor tiles, to which he was exposed during his working career. The claim was predicated on product liability theories of negligence, strict liablity/design defect (consumer expectations and strict liability) and failure to warn. Jasniy, who was 61 at the time of trial, was first exposed to asbestos products as a teen, when his job at a service station required him to handle brake drums, clutches, and gaskets containing the mineral. In later years, he worked as a welder and aircraft mechanic and entered the construction field. At the time of trial, he continued to run a residential and commercial construction company. All of those occupations exposed Jasniy to asbestos-containing products into the 1990s. At trial, Jasniy attempted to prove through billing records that he worked at places where there would be exposed to Union Carbide’s Calidria asbestos. The jury was further asked to conclude that a preponderance of the evidence showed that it was probable that such exposure triggered his mesothelioma. Union Carbide argued that Jasniy did not and could not prove that he was exposed to its Calidria asbestos or that its asbestos product triggered his cancer. The company claimed that it had not acted negligently and that it had issued reasonable warnings., Jasniy has undergone surgical procedures to remove some tissue around his lungs and drain fluid around his lungs caused by pleural mesothelioma, a fatal disease. There was testimony from Jasniy’s treating physician that his life expectancy is 18 to 24 months. Jasniy’s wife asserteda consortium-loss claim. Counsel for the defense did not dispute the disease or its pathology.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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