California Verdicts
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$8,666,000
Type:
Verdict-Plaintiff
State:
California
Venue:
Los Angeles County
Court:
Superior Court of Los Angeles County, Los Angeles
Injury Type(s):
other-death; cancer-mesothelioma
Case Type:
Toxic Torts – Asbestos; Products Liability – Asbestos; Wrongful Death – Survival Damages; Products Liability – Failure to Warn
Case Name:
Donna Saller, Lori Saller, Sheri Jocis and the Estate of William Saller v. Bondex International Inc.; Crown, Cork & Seal Company, Inc.; Caterpillar Inc.; Crane Co.; Dowman Products Inc.; Elementis Chemicals Inc., f/k/a Harcros Chemicals Inc.; FMC Corporation; Garlock Sealing Technologies LLC; General Electric Company; General Motors Corp.; Georgia-Pacific Corp.; Hanson Permanente Cement Inc.; Honeywell International Inc.; Ingersoll-Rand Company; Kaiser Gypsum Company Inc., f/k/a Kaiser Cement Corporation; Kelly-Moore Paint Company Inc.; Philips Electronics North America Corp.; RPM Inc.; RPM International Inc.; Sterling Fluid Systems (USA) LLC; T H Agriculture & Nutrition LLC; and Union Carbide Corp.,
No. BC342363
Date:
December 13, 2013
Plaintiff(s):
Lori Saller (Female),
Sheri Jocis (Female),
Donna Saller (Female, 75 Years),
Estate of William Saller (Male, 69 Years)
Plaintiff Attorney(s):
Scott L. Frost;
Waters Kraus & Paul.;
El Segundo,
CA,
for
Lori Saller, Sheri Jocis, Donna Saller, Estate of William Saller ■ R. Walker Humphrey II;
Waters Kraus & Paul.;
Dallas,
TX,
for
Lori Saller, Sheri Jocis, Donna Saller, Estate of William Saller
Plaintiff Expert(s):
Barry Horn;
M.D.;
Pulmonology;
Berkeley,
CA called by
Scott L. Frost, R. Walker Humphrey II ■ Barry Castleman;
Sc.D.;
Environmental Assessments;
Baltimore,
MD called by
Scott L. Frost, R. Walker Humphrey II ■ David Fractor;
Ph.D.;
Economics;
Pasadena,
CA called by
Scott L. Frost, R. Walker Humphrey II ■ Susan Raterman;
C.I.H.;
Industrial Hygiene;
Danville,
CA called by
Scott L. Frost, R. Walker Humphrey II ■ Arnold Brody;
Ph.D.;
Occupational Health & Safety;
Raleigh,
NC called by
Scott L. Frost, R. Walker Humphrey II
Defendant(s):
RPM Inc.,
Crane Co.,
FMC Corporation,
Caterpillar Inc.,
Union Carbide Corp.,
Dowman Products Inc.,
General Motors Corp.,
Georgia-Pacific Corp.,
Ingersoll-Rand Company,
RPM International Inc.,
Elementis Chemicals Inc.,
General Electric Company,
Bondex International Inc.,
Kaiser Gypsum Company Inc.,
Honeywell International Inc.,
Hanson Permanente Cement Inc.,
Kelly-Moore Paint Company Inc.,
T H Agriculture & Nutrition LLC,
Crown, Cork & Seal Company, Inc.,
Garlock Sealing Technologies LLC,
Sterling Fluid Systems (USA) LLC,
Philips Electronics North America Corp.
Defense Attorney(s):
William H. Armstrong;
Armstrong & Associates, LLP;
Oakland,
CA,
for
Crown, Cork & Seal Company, Inc. ■ None reported;
for
RPM Inc., Crane Co., FMC Corporation, Caterpillar Inc., Union Carbide Corp., Dowman Products Inc., General Motors Corp., Georgia-Pacific Corp., Ingersoll-Rand Company, RPM International Inc., Elementis Chemicals Inc., General Electric Company, Bondex International Inc., Kaiser Gypsum Company Inc., Honeywell International Inc., Hanson Permanente Cement Inc., Kelly-Moore Paint Company Inc., T H Agriculture & Nutrition LLC, Garlock Sealing Technologies LLC, Sterling Fluid Systems (USA) LLC, Philips Electronics North America Corp. ■ Penelope M. Deihl;
Morris, Polich & Purdy;
Los Angeles,
CA,
for
Crown, Cork & Seal Company, Inc.
From 1959 to 1967, plaintiffs’ decedent William "Bill" Saller worked as a laborer around Mundet Thermal Insulation at Standard Oil in El Segundo. In 2005, Saller was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. He ultimately passed away from the condition on Feb. 9, 2006. The decedent’s widow, Donna Saller, and the decedent’s children, Lori Saller and Sheri Jocis, sued Crown, Cork & Seal Co. Inc., which acquired a controlling interest of Mundet Cork Corp. in 1963 and fully merged with Mundet Cork in 1966. The decedent’s family also sued Bondex International Inc., a manufacturer of asbestos products, as well as brake manufacturers, joint compound manufacturers, and other asbestos-containing product vendors that supplied or distributed products to Standard Oil (now Chevron). The decedent’s family alleged that the defendants defectively designed its products and failed to properly warn of potential risks of exposure to asbestos from the products. They also alleged that the defendants’ negligent actions caused the decedent’s wrongful death. A number of the defendants were let out of the case prior to the matter being originally tried in 2007. That trial, which was only against Crown, Cork & Seal and Bondex International, resulted in a defense verdict. (For a complete report of the original trial, please see VerdictSearch California, volume 24, issue 6.) The decedent’s wife and children subsequently appealed the verdict, and it was overturned. The matter then proceeded to a second trial against Crown, Cork & Seal only. Plaintiffs’ counsel argued that the decedent contracted mesothelioma from asbestos dust through his work around Mundet thermal insulation at Standard Oil from 1959 to 1967. Counsel contended that Crown, Cork & Seal is responsible for asbestos-containing thermal insulation manufactured, sold, distributed and installed by the Mundet Cork Corp., and that its products included finishing cement, block insulation and pipe covering. Thus, counsel argued that Mundet/Crown, Cork & Seal failed to properly warn that exposure to asbestos dust from its products could be hazardous. Counsel for Crown, Cork & Seal argued that the decedent could not correctly identify Mundet’s products, noting that the decedent’s identification of Mundet was founded on the decedent’s memory of only seeing pipe-covering insulation during his work at Standard Oil with a "yellow M" branded on the material. However, counsel contended that the Mundet logo had always been red. Counsel also contended that Mundet ceased manufacturing asbestos insulation around the time Crown, Cork & Seal acquired interest in the company in 1963, and then sold the assets of that business in February 1964. Counsel for Crown, Cork & Seal also argued that, based on the prior testimony of the now-deceased man who set up Standard Oil’s industrial hygiene department, Dr. John Spence, Standard Oil was well aware of asbestos hazards since at least the mid-1950s and required the use of respiratory protection when any dusty work was being done. Thus, counsel contended that there was nothing Mundet, or Crown, Cork & Seal, could have told Standard Oil that it did not already know.
Bill Saller was diagnosed with mesothelioma in 2005 and he later died from the condition on Feb. 9, 2006. He was 69 years old. According to his wife, the decedent did not take his pain medication until the very end and eventually passed away in his favorite chair overlooking the lake. The decedent is survived by his wife and two children. The decedent’s wife and children sought economic and non-economic damages for the decedent’s wrongful death. They also sought recovery of survival damages and punitive damages.
The jury found Crown, Cork & Seal 30 percent at fault and the decedent’s employer, Standard Oil (now Chevron), 40 percent at fault, as well as found other entities responsible for the decedent’s other sources of exposure. The jury also found that the decedent’s family’s damages totaled $8,666,000. Thus, the family’s recovery following apportionments and offsets was $5,096,453.22.
Estate of William Saller: $3,600,000 Wrongful Death: Punitive Exemplary Damages; $516,000 Wrongful Death: Economic Damages; $4,550,000 Wrongful Death: Non-economic Damages
Actual Award:
$5,096,453.22
Judge:
Anthony J. Mohr
Trial Length:
17
days
Trial Deliberations:
2
days
Post Trial:
According to defense counsel, after credit for approximately $3.7 million in prior settlements, the compensatory award against Crown, Cork & Seal will be roughly $1.5 million.
This report is based on information that was provided by plaintiffs’ and defense counsel.