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Asbestos
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| Michael McCall and Robert Channel of Walsworth, Franklin, Bevins & McCall have supervised and overseen the asbestos practice of WFB&M since 1986. In that time, the firm has handled over 7,500 cases. The firm has over 1,000 days of successful jury trials and 1,000 days of successful court trials. In addition to the sampling of cases summarized below, WFB&M has obtained dismissals during trial in over 200 cases involving firm clients, which include: |
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| • Distributors
of industrial adhesives |
• Distributors
of sheet metal products |
| • Wholesalers of roofing
materials and accessories |
• Electrical contractors |
| • Distributors of building
and flooring materials |
• Distributors of insulation
materials |
| • Manufacturers of
interior building products |
• Ship decking material
contractors |
| • Manufacturers and
distributors of gasket materials |
• Manufacturers of
safety apparel |
| • Distributors and
rebuilders of valves and brake materials |
• Refractory subcontractors |
| • Manufacturers of
asbestos gloves |
• Non-marine asbestos
contractors |
| • Manufacturers of
drywall finishing products |
• Distributors of asbestos
pipe |
| • Premises liability
defendants |
• Wholesale/Retail distributors |
• Manufacturers of boilers
|
• Aerospace defendants |
| • Boiler repair/service contractors |
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| • Distributors of electrical supplies and accessories |
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REFERENCE OF FAVORABLE VERDICTS & RESULTS OBTAINED AT TRIAL
Daniel Mott v. Various Defendants
Defense verdict by jury on medical causation grounds for WFB&M represented contractor in an alleged asbestosis case tried before San Francisco Superior Court Judge Donna Hitchens involving the Brayton Purcell firm.
Lafayette McFadden v. Various Defendants
Reverse bifurcated trial in which Phase I determined medical causation and damages issues and Phase II determined liability. Parties agreed to arbitrate the Phase II issues before retired Judge Francis Mayer who found against plaintiffs and in favor of WFB&M represented shipyard contractor on both "substantial factor" and negligence issues. Plaintiff was represented by Alan Brayton.
Roscoe McCrary v. Various Defendants
Another reverse bifurcated trial in which Phase II arbitrator Judge Mayer found in favor of WFB&M client on both negligence and "substantial factor" grounds. Plaintiff was represented by Alan Brayton.
Agustus Crowley v. Various Defendants
Nonsuit awarded to defendant manufacturer represented by WFB&M between phases in reverse bifurcated trial involving plaintiff's attorneys Harry Wartnick and Madelyn Chaber of Wartnick, Chaber, Harowitz, Smith & Tigerman. San Francisco Superior Court Judge Daniel Hanlon presided.
William Shawhan v. Various Defendants
Defense verdict by jury for refinery contractor represented by WFB&M based on "substantial factor" defense involving 54-year-old undisputed mesothelioma plaintiff. Plaintiff was represented by Steve Harowitz of Wartnick, Chaber, Harowitz, Smith & Tigerman. Judge Daniel Hanlon presided over this all issues trial in which the WFB&M client was the only defendant.
James Bernard Duffy v. Various Defendants
Nonsuit for defendant manufacturer represented by WFB&M involving plaintiff with lung cancer granted after plaintiff rested his case in this all issues trial. The jury found against the only other defendant remaining in the case and ultimately awarded plaintiff in excess of $2 million. Plaintiff was represented by the law firm of Wartnick, Chaber, Harowitz, Smith & Tigerman. San Francisco Superior Court Judge Paul Alvarado presided.
Gardner Brown, Jr. v. Various Defendants
Defense verdict by jury (11-1) in favor of insulation distributor represented by WFB&M in a case involving a mesothelioma plaintiff only 53 years of age with two minor children. A compensatory damages verdict of $2.1 million was awarded against the only other defendant in trial. The law firm of Wartnick, Chaber, Harowitz, Smith & Tigerman represented the plaintiffs and San Francisco Superior Court Judge Maxine Chesney presided.
Hudnall v. Various Defendants
Defense verdict (12-0 by jury) for WFB&M represented construction site contractor involving claim of exposure to asbestos by a career carpenter. San Francisco Superior Court Judge Alfred A. Chiantelli presided and the law firm of Brayton, Purcell, Curtis & Geagan represented the plaintiffs.
Chuck Childress v. Various Defendants
Dismissal with prejudice on behalf of a general contractor defendant represented by WFB&M on the day of closing argument in a case involving fatal asbestos-related lung cancer. Plaintiffs were represented by the law firm of Wartnick, Chaber, Harowitz, Smith & Tigerman and San Francisco Superior Court Judge Donald Mitchell presided.
Rommel Ash v. Various Defendants
Defense verdict for a manufacturing client represented by WFB&M in an asbestosis action brought by a plaintiff presented by Brayton, Harley, Curtis. San Francisco Superior Court Judge Ernest Goldsmith presided.
George Schweitzer v. Various Defendants
Defense verdict (12-0) on behalf of a large premises owner represented by WFB&M in a confirmed mesothelioma case. The jury returned a verdict on behalf of the client represented by WFB&M based on plaintiff's failure to prove negligence against the premises owner. Plaintiff was represented by Phillip Harley of Brayton, Harley, Curtis and San Francisco Superior Court Judge Ollie Marie-Victoire presided.
Henry Stark v. Various Defendants
Defense verdict (12-0) on behalf of a large utility company represented by WFB&M in an alleged asbestosis/pleural injury case. The jury returned a verdict in favor of the client represented by WFB&M in the first phase (asbestos caused injury) of a bifurcated trial. Plaintiff was represented by Gil Purcell of Brayton, Harley, Curtis, and Orange County Superior Court Judge Philip Petty (Ret.) presided.
Bob Smits v. Various Defendants
Defense verdict awarded by jury for a large utility owner represented by WFB&M in a case brought by plaintiffs' firm Wartnick, Chaber, Harowitz, Smith & Tigerman wherein plaintiff asked the jury to award $2,100,000 in economic and non-economic damages. The jury returned its verdict in this alleged asbestosis case based on a finding of no asbestos-related injury. Superior Court Judge Ernest Goldsmith presided.
Salvador Mora v. Various Defendants
Nonsuit awarded by judge to defendant insulation contractor and supplier represented by WFB&M in mesothelioma case. Plaintiff, a 45-year-old boilermaker, was represented by the law firm of Wartnick, Chaber, Harowitz, Smith & Tigerman. Judge Paul Alvarado of the San Francisco Superior Court presided.
Tovio Enroth v. Various Defendants
Phillip Livingston v. Various Defendants
Woodrow Hoke v. Various Defendants
Nonsuits awarded by judge to defendant manufacturer and contractor represented by WFB&M in three alleged asbestosis cases. Plaintiffs were represented by Cheryl White and Richard Brody of Wartnick, Chaber, Harowitz, Smith & Tigerman. Judge Ernest Goldsmith of the San Francisco Superior Court presided.
Paul Vincent Holmes v. Various Defendants
Nonsuit awarded by judge to defendant insulation contractor and supplier represented by WFB&M in alleged asbestosis case. Plaintiff was represented by Richard Brody of Wartnick, Chaber, Harowitz, Smith & Tigerman. Judge Carlos Bea of the San Francisco Superior Court presided.
Hansen v. Various Defendants
Nonsuit awarded by judge to defendant manufacturer represented by WFB&M in a malignant mesothelioma case. Plaintiffs were represented by Dean Hanley of Paul, Hanley & Hanley. Judge Alfred G. Chiantelli of the San Francisco Superior Court presided.
Walter Schingle v. Various Defendants
Case settled after commencement of trial in favor of defendant manufacturer represented by WFB&M in a malignant mesothelioma case. Plaintiff was represented by Cheryl White of Paul, Hanley & Hanley. Judge Jouiliene of the San Francisco Superior Court presided.
Cosby v. Various Defendants
Case dismissed following jury selection during motions in limine discovery in favor of defendant utility company represented by WFB&M in alleged mesothelioma case. Plaintiff was represented by Cheryl White of Wartnick, Chaber, Harowitz, Smith & Tigerman. Judge Dearman of the San Francisco Superior Court presided.
Daniel H. Wilson v. Various Defendants
Dismissal following opening statements on behalf of defendant utility company in malignant mesothelioma case. Plaintiff was represented by Gilbert Purcell of Brayton, Harley, Curtis. San Francisco Superior Court Judge Munson presided.
Donald Grider v. Various Defendants
Dismissal following opening statements of defendant supplier represented by WFB&M in a case where plaintiff was diagnosed with hypothorax, a rare form of fibrosis. Judge was Donald Mitchell presided. Plaintiff was represented by Alan Brayton.
Ron Gaston v. Various Defendants
Dismissal without prejudice, mutual waiver of costs, during jury selection and after demanding written offer of proof on behalf of an appliance manufacturer defendant in a wrongful death action involving lung cancer. Plaintiff was represented by the law firm of Brayton, Purcell, Curtis & Geagan. Judge Paul Alvarado presided.
Kurt Bendit v. Various Defendants
Dismissal without prejudice, mutual waiver of costs, waiver of statute of limitations, following opening statements on behalf of both boiler manufacturer and appliance manufacturer defendants represented by WFB&M in an asbestosis case. Judge Thomas Mellon presided, and plaintiff was represented by the law firm of Brayton, Purcell, Curtis & Geagan.
Paul Slack v. Various Defendants
Dismissal with prejudice, mutual waiver of costs, following settlement on behalf of plumbing supplier defendant in a personal injury action involving buccal cancer. Plaintiff was represented by the law firm of Brayton, Purcell, Curtis & Geagan, and Judge David Ballati presided.
Lowell Rasmussen v. Various Defendants
Dismissal during jury selection on behalf of marine contractor defendant represented by WFB&M in an action involving malignant mesothelioma. Plaintiff was represented by law firm of Wartnick, Chaber, Harowitz & Tigerman. San Francisco Superior Court Judge Carlos Bea presided.
Carter v. Various Defendants
Defense verdict after ten day jury trial on behalf of petroleum supplier defendant. Case was tried in Long Beach Superior Court.
Thompson v. General Contractor
Defense verdict after five week jury trial on behalf of general contractor defendant in personal injury action alleging exposure to toxic chemicals. Trial was venued in the San Diego Superior Court before Judge J. Richard Haden.
Goodwin v. Ingersoll-Rand Company
Defense verdict in a wrongful death case venued in the Riverside Superior Court before the Honorable E. Michael Kaiser after a six day jury trial. Decedent was riding on our client's golf car and fell sustaining fatal injuries. Decedent's spouse and children claimed that our client failed to provide adequate warnings regarding the use of the car and that it defectively designed the braking system. Plaintiffs' expert was Reuben Vollmer, a well known expert witness on vehicle accidents who has testified in a number of golf car cases.
LaChapelle v. Various Defendants
Defended multiple defendants in a case brought by a plaintiff suffering from mesothelioma allegedly caused by his exposure to client's asbestos containing products. After a 4 week trial, jury apportioned only 10% fault to the firm's clients. Net result after set offs for prior settlements with other parties is that client paid less than 2% of the settlement demand through trial.
Nagl v. Various Defendants
Defendant client in case brought by a plaintiff suffering from mesothelioma allegedly caused by his exposure to client's product. This matter was tried before a jury in Portland, Oregon. Following a 4 week trial, net result after set offs for prior settlements by other parties at the commencement of trial is that plaintiff recovered zero damages from client.
ADDITIONAL TRIAL EXPERIENCE
In addition to the foregoing sampling of cases, WFB&M attorneys have begun trials in hundreds of additional separate asbestos actions, the great majority of which resulted in dismissals of the WFB&M client prior to verdict.
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