Case details

Wife: Asbestos exposure from former husband’s work clothes

SUMMARY

$27342500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
loss of consortium cancer, mesothelioma
FACTS
In 2012, plaintiff Rose-Marie Grigg, a woman in her 80s, was diagnosed with terminal mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Grigg claimed that she contracted mesothelioma from exposure to asbestos on the work clothes of her first husband, who had installed insulation for a San Francisco subsidiary of Owens-Corning Corp. from 1950 to 1958. The insulation, Kaylo, had been designed by Owens-Illinois, which Grigg claimed advertised the product as nontoxic and which allegedly failed to disclose the product contained asbestos. Grigg sued Owens-Illinois Inc., as well as several other companies (and their successors in interest, parents, agents, alter egos and equitable trustees) that were allegedly engaged in the business of mining, manufacturing, assembling, supplying, packaging and labeling asbestos, and products produced from asbestos, for the sale to and use by the members of the general public, as well as to other companies for use in the manufacture and supply of other products. Grigg alleged the defendants were negligent in the design, manufacture, labeling, marketing and/or warning of certain asbestos-containing products and asbestos-related insulation and building materials. She also alleged that the defendants knew or should have known that reasonably foreseeable uses of the alleged products would expose people, such as her former husband, who worked with or around products with friable asbestos, and herself, who washed his asbestos-covered clothes. The matter ultimately continued to trial against Owens-Illinois Inc. only on the claim of failure to warn. Grigg noted that she and her former husband divorced in 1965, and that her former husband later died of causes unrelated to his exposure to asbestos. However, Grigg claimed that Owens-Illinois had known since the 1930s that asbestos could be lethal, and that it deliberately failed to warn its customers and their employees. Thus, she claimed that when she would regularly shake out her husband’s work clothes (while they were still married) and then put them in the washer, that this gradually contaminated her laundry room with microscopic asbestos particles and caused her to be exposed to asbestos. Owens-Illinois denied knowing that Kaylo posed any danger to household members. It claimed that it ceased manufacturing asbestos-containing products in 1958, before the first published report of asbestos exposure causing household illness in 1965. In response, Grigg claimed that Owens-Illinois should have foreseen the harm its product caused., Grigg was diagnosed with terminal mesothelioma in 2012. She is now 82 and lives in the Sacramento area with her current husband, plaintiff Martin Grigg. Thus, Mrs. Grigg sought recovery of damages for her future medical expenses; past and future loss of earnings, fringe benefits, pension, Social Security or household services; and past and future pain, suffering, fears, anxiety, inconvenience, mental suffering, emotional distress, loss of enjoyment of life, and humiliation. She also sought recovery of punitive damages as a result Owens-Illinois’ alleged act of malice, oppression or fraud. Her husband, Mr. Grigg, sought recovery of damages for his loss of consortium as a result of the loss of his wife’s love, companionship, enjoyment of sexual relations, comfort, care, assistance, protection, affection, society and moral support, from the date his wife was diagnosed with mesothelioma to the date it is projected that she will die.
COURT
Superior Court of Alameda County, Oakland, CA

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