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Toxic Tort Practice |
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| Toxic tort cases generally involve bodily injury claims arising from exposure to toxic chemicals or hazardous materials. WFB&M's handling of toxic tort litigation includes the representation of manufacturers, distributors, retailers, material suppliers, property owners and public utilities in matters involving products or substances including, but not limited to, asbestos, benzene, petroleum, solvents, paint, mold, lead, silica, carbide, abrasive products, PCE, TCE, dietary supplements and pharmaceuticals. |
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BODILY INJURY CLAIMS
WFB&M handles various environmental and toxic tort claims alleging personal injury or wrongful death. A sample of the injuries alleged in these cases include the following:
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Asbestosis |
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Multiple Chemical Sensitivity Syndrome |
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Asthma |
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Multiple Myeloma |
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Burns |
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Neurological Disorders |
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Cancer-Related Diseases |
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Primary Pulmonary Hypertension |
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Cognitive Disorders |
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Pulmonary Arterial Hypertension |
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Hair Loss |
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Psychological Disorders |
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Heart Attack |
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Pulmonary Fibrosis |
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Immune Disorders |
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Reactive Airways Disease Syndrome |
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Lead Poisoning |
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Silicosis |
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Leukemias |
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Skin Disorders |
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Liver Disease |
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Stroke |
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Lymphomas |
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Mesothelioma |
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SAMPLE TOXIC TORT MATTERS
Abbis v. Various Defendants
Venue: Orange County Superior Court
Defended large utility company in case arising out of plaintiff's claim that he suffered from asbestosis as a result of exposure while working on client’s property. The jury returned a verdict in favor of our client in the first phase of a bifurcated trial.
Agarwala, et al. v. Eastman Chemical Company, et al.
Venue: Los Angeles Superior Court
Dismissal for defendant chemical supplier in a wrongful death case involving non-small-cell bronchogenic cancer.
Ash v. Various Defendants
Venue: San Francisco Superior Court
Won jury defense verdict for a manufacturing client in asbestosis action after four week jury trial. Plaintiff's verdicts were returned against another defendant represented by different law firm in similar cases tried before the same jury.
Behshid v. Various Defendants
Venue: Los Angeles Superior Court
Defense verdict by jury in a living mesothelioma case alleging exposure to client’s drywall accessory products. Plaintiff was very sympathetic and the judge allowed footage of a “Day in the Life” video showing the daily routine involving life on breathing and feeding tubes. Plaintiff was represented by the law firm of Waters and Kraus.
Bercher v. Various Defendants
Venue: Los Angeles County Superior Court
Defended equipment manufacturer in living mesothelioma case of a 73-year-old retired machinist, who claimed exposure to asbestos while servicing client’s auxiliary turbines. After a three week trial, the jury voted in favor of defendants on the design defect question, but was unable to reach a verdict on plaintiff’s negligence claim. The jury was not persuaded that client had breached any duty, and the case concluded in a mistrial.
Calcagno v. 3M, et al.
Venue: Los Angeles Superior Court
Dismissal of a manufacturer of custom and pre-fabricated orthotic braces, and a non-profit medical research company in a toxic tort case.
Carter v. GP Resources
Venue: Long Beach Superior Court
Won defense verdict for client petroleum supplier after ten day jury trial in action arising out of plaintiff's exposure to client’s product. Plaintiff claimed permanent injuries that prevented work.
Cervantes v. Bortz Products, Inc., et al.
Venue: Los Angeles Superior Court
Dismissal for chemical manufacturer and distributor in a personal injury leukemia case involving exposure to products containing benzene or benzene derivatives. Dismissed upon filing a motion for summary judgment based on statute of limitations grounds.
Childress v. Various Defendants
Venue: San Francisco Superior Court
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.
Cummings v. Various Defendants
Venue: Los Angeles Superior Court
Non-suit granted for defendant in an asbestos-related lung cancer case of a 67-year old former smoker. Plaintiff claimed to have been present during repairs to equipment manufactured by the Firm’s client. At the conclusion of Plaintiff’s case in chief, the court found that Plaintiff failed to present any evidence that would satisfy his burden to show that client’s product was a substantial factor in causing Plaintiff’s alleged disease. Plaintiffs were represented by the law firm of Waters and Kraus.
Cunningham v. Various Defendants
Venue: Los Angeles County Superior Court
Non-suit granted to client equipment manufacturer prior to Plaintiffs resting their case in this wrongful death mesothelioma case. Plaintiff, a 59-year old Navy machinist was allegedly exposed to asbestos from repairs made to defendant’s equipment. Plaintiffs were represented by the law firm of Waters and Kraus.
Dibuduo v. Bechtel
Venue: Los Angeles Superior Court
Summary judgments granted for two clients in case brought by plaintiff claiming to suffer toxic encephalopathy from exposure to paint and solvents at San Onofre Nuclear Generating Station.
Dragomir v. Dexter Corporation, et al
Venue: Los Angeles Superior Court
WFB&M successfully represented a nationally recognized paint manufacturer where plaintiff alleged exposure to methyl ethyl ketone (MEK). Although plaintiff’s written and deposition discovery responses established his work with MEK, and plaintiff was in possession of MSDS for our client, our aggressive approach to ongoing discovery facilitated a favorable settlement.
Duffy v. Various Defendants
Venue: San Francisco Superior Court
Non-suit granted for defendant manufacturer represented by WFB&M involving Plaintiff with lung cancer 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.
Elmore v. Sundin
Venue: San Diego County Superior Court
Dismissal in a case brought by plaintiffs claiming injuries including respiratory illnesses and other diseases as a result of exposure to mold in their apartment. Plaintiffs sought millions of dollars in damages.
Enroth v. Various Defendants
Livingston v. Various Defendants
Hoke v. Various Defendants
Venue: San Francisco Superior Court
Non-suits awarded to defendant manufacturer and contractor represented by WFB&M in three alleged asbestosis cases.
Flores v. Various Defendants
Venue: Los Angeles Superior Court
Defense verdict won after a five-week trial involving a Plaintiff with mesothelioma. Plaintiff sued a number of companies that manufactured or distributed the asbestos containing products that were allegedly responsible for his disease. Though Plaintiff settled with many defendants, the four that went to verdict (including the Firm’s client) were exonerated.
Fortini v. Various Defendants
Venue: Los Angeles Superior Court
Represented a manufacturer of construction-related materials in an asbestos matter involving a very sympathetic Plaintiff with mesothelioma who passed away prior to judgment. The jury found no consumer defect, no failure to warn and no negligence. Plaintiffs were represented by the law firm of Baron & Budd.
Giglio v. Cameron
Venue: Los Angeles Superior Court
Two motions for summary judgment granted in a case involving claims of toxic exposure from a furnace in a residence. The firm represented the defendant homeowner who rented to plaintiff and the plumbing company that repaired the subject furnace.
Graves v. Meredith
Venue: Orange County Superior Court
Motion for summary judgment granted for building owner based on the statute of limitations for injuries allegedly related to its “sick building.” Court of appeal upheld the judgment and awarded costs.
Grider v. Asbestos Defendants
Venue: San Francisco Superior Court
Dismissal of boiler manufacturer client immediately after opening statement given on client's behalf in a living mesothelioma case.
Hammond v. Chevron Corporation, et al.
Venue: Los Angeles Superior Court
Dismissal for defendant chemical supplier in a wrongful death case.
Harris v. Various Defendants
Venue: Los Angeles Superior Court
Defense verdict won for two client manufacturer of construction-related materials in a mesothelioma case. Plaintiff Barbara Harris, a commercial property manager, claimed that her mesothelioma was caused in part due to her exposure to asbestos containing joint compounds manufactured by the Firm’s clients.
Henry v. Alfa Laval, Inc., et al.
Venue: Los Angeles Superior Court
Defense verdict by jury on behalf of the Firm’s client in this living mesothelioma case of a 60 year old plaintiff. The jury found no design defect in client’s equipment. The jury found client negligent, but found that such negligence was not a substantial contributing factor in plaintiff’s mesothelioma. Plaintiffs were represented by the law firm of Waters and Kraus.
Hoffman v. Newhall Land, et al.
Venue: Los Angeles Superior Court
Dismissal of manufacturer in a personal injury case involving exposure to toxic mold. Dismissed on first day of trial.
Holmes v. Various Defendants
Venue: San Francisco Superior Court
Non-suit awarded by judge to defendant insulation contractor and supplier represented by WFB&M in alleged asbestosis case.
Hopkins, et al. v. Alberto-Culver USA, Inc., et al.
Venue: Santa Clara County Superior Court
WFB&M successfully represented two defendants who were named as manufacturers and distributors of cosmetic, hair care and skin care products. The firm resolved plaintiffs’ claims against both clients by way of nominal settlements. Moreover, complete indemnity was obtained for one defendant and the firm’s client resolved the case without any contribution from its own insurance carriers.
Hudnall v. Various Defendants
Venue: San Francisco Superior Court
Unanimous defense verdict by jury for construction site contractor represented by Firm in action involving claim of exposure to asbestos by a career carpenter.
Kelly v. Atlas Turner, Inc., et al.
Venue: Los Angeles Superior Court
Won defense verdict by jury for client manufacturer of construction-related materials in this wrongful death case. Plaintiffs alleged that decedent’s mesothelioma resulted from exposure while working with client’s products. Plaintiffs were represented by the law firm of Brayton Purcell.
LaChapelle v. Various Defendants
Venue: Los Angeles Superior Court
Defended multiple defendants in case brought by a Plaintiff suffering from mesothelioma allegedly caused by exposure to client's asbestos containing products. Successful in having jury apportion 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.
Lamb v. Nielsen Construction Co., Inc.
Venue: Los Angeles Superior Court
Summary judgment and dismissal for two clients in a case involving alleged injuries claimed by an individual purporting to have been disabled as a result of inhaling “toxic fumes” while working in an underground area at a public park.
Law v. Anesthesia Medical Group of Riverside
Venue: Riverside County Superior Court
Dismissal following pressure during early stages of discovery. Plaintiff alleged injury from exposure to radiation from an X-ray machine being operated at her place of employment. Firm represented the group of physicians that operated the X-ray machine.
Lewis v. 21st Century Fox Film Corporation
Venue: Kern County Superior Court
Motion for summary judgment granted for defendant manufacturer of special effects dust Pyrolite. Plaintiff claimed pulmonary injury and transition from being HIV positive to having AIDS from exposure to crystalline silica allegedly contained in Pyrolite while working on the movie set of Planet of the Apes.
Llamas v. Yosemite Waters
Venue: Imperial County Superior Court
Products liability case tried before Judge Harmon. The Firm's client was sued on behalf of three children who allegedly suffered severe injuries as a result of exposure to lead from client's water. Case successfully settled after three days of trial.
McCormick v. S&G Catering Company, Inc, et al.
Venue: Los Angeles Superior Court
Personal injury case including allegations of food poisoning against defendant produce company. Settled for nuisance amount.
Mikul v. Various Defendants
Venue: Los Angeles Superior Court
Defense verdict for two client manufacturers of construction-related materials in a wrongful death pleural mesothelioma case in which plaintiffs alleged decedent worked with materials manufactured by client. The jury found that the asbestos-containing joint compound product was not defective in design (both under the consumer expectation test and the risk benefit test), that the product was not defective due to a failure to warn, and that the defendant was not negligent. Plaintiffs were represented by Waters & Kraus.
Mora v. Various Defendants
Venue: San Francisco Superior Court
Non-suit awarded by judge to defendant insulation contractor and supplier represented by WFB&M in mesothelioma case.
Mott v. Various Defendants
Venue: San Francisco Superior Court
Won jury defense verdict on medical causation grounds for WFB&M represented contractor in an alleged asbestosis case.
Nagl v. Various Defendants
Venue: Portland, OR
Defended client in case brought by a Plaintiff suffering from mesothelioma allegedly caused by his exposure to client's product. Following a 4 week jury 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.
Navarette, et al. v. J.H. Armington, Inc., et al.
Venue: Los Angeles Superior Court
Demurrers on behalf of several clients sustained without leave to amend in case involving multiple plaintiffs’ personal injury claims from exposure to toxic chemicals.
Nelson v. Various Defendants
Venue: San Francisco Superior Court
Dismissal following granting of motion for summary adjudication in case brought by plaintiff warehouseman and plasterer who claimed to suffer from mesothelioma as a result of his work at several facilities.
Nolen v. Various Defendants
Venue: Los Angeles Superior Court
Dismissal without prejudice in exchange for a mutual waiver of costs in an asbestos personal injury case. Plaintiffs alleged that plaintiff John M. Nolen was exposed to asbestos in a product distributed by the insured at one of his places of employment.
Odle v. Various Defendants
Venue: San Francisco Superior Court
Dismissal obtained in an asbestos exposure case following Court’s tentative ruling granting defendant’s motion for summary adjudication and motion to change venue to southern California for the convenience of witnesses.
Oxford v. Various Defendants
Venue: San Francisco Superior Court
Dismissal obtained early in the case following considerable pressure during the discovery process. Case involved a plaintiff former plumber and steamfitter who allegedly suffered from mesothelioma as a result of his work at several power plants and nuclear generating stations.
Park v. Akzo Nobel Coatings, Inc., et al.
Venue: Los Angeles Superior Court
Dismissal with prejudice in exchange for a mutual waiver of costs in a benzene exposure personal injury case. Plaintiffs alleged that plaintiff Whasam Park was exposed to chemicals during employment as a machinist that resulted in leukemia.
Phelps v. Asbestos Defendants
Venue: San Francisco Superior Court
Defended a manufacturer of drywall finishing products in an asbestos matter involving a terminally ill plaintiff. Although the jury returned a plaintiff’s verdict, the client was found only 10% liable.
Purdom v. The Adhesive Products, Inc.
Venue: Ventura County Superior Court
WFB&M successfully represented a manufacturer of benzene containing products. This matter involved four plaintiffs who alleged exposure to our client’s products through their employment and use of adhesive sprays. As a result of aggressively defending our client at mediation as well as preparing a motion for summary judgment, we were able to obtain a favorable settlement as to all plaintiffs.
Reinstein v. Atlas Turner, Inc., et al.
Venue: Los Angeles Superior Court
Won defense verdict by jury for client manufacturer of construction-related materials. Plaintiff claimed that he suffered from mesothelioma as a result of exposure while working with client’s products. Plaintiff alleged exposure to asbestos products while doing home repairs during the 1950s and 1960s. Plaintiff was very sympathetic who had $1.8 million in economic damages alone. Plaintiffs were represented by the law firm of Brayton Purcell.
Remboldt v. ChevronTexaco, et al.
Venue: Contra Costa County Superior Court
WFB&M successfully represented two defendants who were named as suppliers of crude oil. One of our clients prevailed on a summary judgment motion based on causation. The other supplier resolved the case for a nominal amount.
Rojas, et al. v. AEP Industries, et al.
Venue: Los Angeles Superior Court
Dismissal of defendant label manufacturer in a case involving exposure to hazardous fumes from melting plastic in meat wrapping machines. Plaintiff suffered from lung disease.
Rollin v. Various Defendants
Venue: Los Angeles Superior Court
Judgment notwithstanding verdict for defendant manufacturer of turbomachinery and related equipment in asbestos case involving an employee in an oil refining plant. Jury’s plaintiff verdict was reversed based on sophisticated user defense. Plaintiffs were represented by the law firm of Waters & Kraus.
Saller v. Various Defendants
Venue: Los Angeles Superior Court
Defense verdict by jury for client manufacturer of construction-related materials in this wrongful death case. Plaintiffs alleged that decedent’s mesothelioma resulted from exposure while working with client’s products. Plaintiffs were represented by the law firm of Waters & Kraus.
Schweitzer v. Various Defendants
Venue: San Francisco Superior Court
Won unanimous defense verdict by jury on behalf of a large utility company in a confirmed mesothelioma case. The jury returned its verdict based on plaintiff's failure to prove negligence against the premises owner.
Shawhan v. Various Defendants
Venue: San Francisco Superior Court
Defense verdict by jury for refinery contractor represented by WFB&M based on "substantial factor" defense involving 54-year-old plaintiff with undisputed mesothelioma. WFB&M client was the only defendant in this all issues trial.
Stark v. Various Defendants
Venue: Orange County Superior Court
Unanimous defense verdict by jury 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 client in the first phase of a bifurcated trial.
Tapia, et al. v. Rojas, et al. v. AEP Industries, et al.
Venue: Ventura County Superior Court
Dismissal for defendant distributor of sanitary maintenance supplies in a wrongful death case alleging inhalation of hydrogen sulfide gas emitted by client’s drain cleaner while repairing a kitchen sink.
Tewksbury v. The Rectorseal Corporation, et al.
Venue: Kern County Superior Court
Dismissals with prejudice granted for two client distributors of air-conditioning supplies in case involving a plaintiff suffering from interstitial lung fibrosis allegedly exposed to toxic chemical fumes emitted by various parts used in the air-conditioning industry.
Thompson v. Soltek
Venue: San Diego Superior Court
Defense verdict won after five week jury trial for client general contractor in personal injury and wrongful death action brought by five plaintiffs arising out of exposure to toxic chemicals. |
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