James Parker Wins A Defense Verdict For HP Client

Posted on Wednesday, 10 September 2014

TRIAL SUMMARY

Date of Trial:  September 2-10, 2014

Judge: Hon. Richard B. Ulmer, Dept. 624, San Francisco County Superior Court

Trial Counsel:
-  Stephen Harowitz, Esq. & Sarah Gilson  ("Plaintiffs")   
-  James C. Parker, Esq. & Amber Kelly, Esq. of  Hugo Parker ("Defendant")  

Pre-Trial Demands/Offers:  $475,000, reduced to $200,000

Verdict:  Complete defense verdict on September 10, 2014.

Case Summary:  Wrongful death mesothelioma. Dennis Hill worked at Johns-Manville’s Stockton, Calif. plant from 1963 until 1981; for the last four years of his employment, Special Electric/Special Materials had brokered the sale of crocidolite (blue) asbestos from South Africa, resulting in the delivery of several thousand tons of the fiber to the Stockton plant. Hills’ family contended that in 2009 Dennis Hill had died at age 64 of pleural mesothelioma due in part to his exposure to the crocidolite asbestos at Johns-Manville. At trial, plaintiffs waived all theories except the consumer expectations test for design defect. Special Electric contended that its actions were lawful and not a substantial factor in causing Mr. Hill’s death, and that Mr. Hill had been trained and made aware of the hazards of asbestos by the mid-1970s.

Plaintiffs’ Trial Expert Witnesses:  Barry Horn, M.D.; William Ewing, CIH

Defendants’ Trial Expert Witnesses: None

Jury Trial:  Length, 7 days; Deliberation, 1.5 hours

Result:  The jury rendered an 11-1 defense verdict in favor of Special Electric.

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