| Defense Verdict in Four Week Mesothelioma Case
November 19 2009
partner Stephen M. Nichols and trial attorney Thomas G. Scully obtained a defense verdict on behalf of WFB&M's client, a manufacturer of construction-related materials, in the case of Buccola v.
A-1 Enterprises, Inc., et al.
This case involved some particularly precarious facts. Mr. Buccola, a 77 year old former owner of a landscape grading company, claimed direct and bystander exposure to chrystotile asbestos over a twelve year period from 1960-1972. Mr. Buccola, who had been diagnosed with mesothelioma, had established several very successful businesses in his lifetime and still earned a significant income. His wife was also a plaintiff and brought a claim for loss of consortium. This, coupled with the possibility of non-economic and punitive damages, could have resulted in a very large verdict. In this case, Plaintiffs claimed in excess of $7 million dollars in economic loss. Additionally, there was no clear amphibole exposure.
After only one hour of deliberations, the jury found in favor of the defendants on both the strict liability consumer expectation and failure to warn causes of action. They unanimously concluded that defendants' products did not fail to perform as safely as an ordinary consumer would have expected, and voted 10-2 that defendants' products did not fail to warn of potential risks that were known or knowable at the time.
The case was venued in Los Angeles Superior Court and was tried before Judge Helen I. Bendix. The firm of Paul Hanley represented plaintiffs. This is the tenth asbestos verdict in Los Angeles County in 2009.
If you would like any additional information on this verdict or any aspect of the trial, please feel free to contact Stephen M. Nichols, Thomas G. Scully or any WFB&M attorney with whom you have an existing relationship.
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