| Kicking Off 2010 With A California Asbestos Defense Verdict
January 21, 2010
On Tuesday, January 19, 2010, WFB&M attorneys Karen P. Agelson and Helen M. Luetto obtained a defense verdict on behalf of the firm?s client, a manufacturer of construction-related materials, in the case of Cox v. Asbestos Corporation Ltd., et. al. At the time of the verdict, the firm?s client was one of four defendants remaining in the case.
Plaintiff, an 80 year old former HVAC installer, claimed bystander exposure to chrysotile asbestos from 1949 to 1958. He also claimed direct exposure to crocidilite asbestos both from asbestos cement flue pipe and from smoking Kent cigarettes. Mr. Cox, who had been diagnosed with mesothelioma, had been physically very active and had worked up until his diagnosis. His wife was also a plaintiff and brought a claim for loss of consortium.
Following 19 days of trial, the jury deliberated for a little over five hours and found in favor of all defendants. Plaintiffs had proceeded under multiple theories including consumer expectation, risk benefit and failure to warn. As for WFB&M's client, the jury found that plaintiffs failed to prove that Mr. Cox was exposed to asbestos from the defendant?s product.
The case was venued in Los Angeles Superior Court and was tried before the Honorable Teresa Sanchez-Gordon. Gary Paul, Esq and Gibbs Henderson, Esq. of Waters, Kraus & Paul represented plaintiffs.
If you would like any additional information on this verdict or any aspect of the trial, please feel free to contact Karen P. Agelson, Helen M. Luetto or any WFB&M attorney with whom you have an existing relationship.
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