HP Defense Verdict Listed in Featured Verdicts by VerdictSearch California

Posted on Wednesday, 26 October 2011

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Defense: Employer To Blame For Decedent's Mesothelioma

 

Jury: Asbestos supplier not liable for man's mesothelioma

 

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Nunez Case Report

 

Verdict: Defense

Case Type: Asbestos, Wrongful Death, Products Liability - Asbestos, Strict Liability

Case Name: Carmen Nunez, individually and as successor-in-interest to Francisco Nunez, deceased; and Carmen Nunez, Lourdes Nunez, Gloria Nunez and Carmen M. Nunez as legal heirs of Francisco Nunez, deceased v. Special Electric Company, Inc., No. BC410790

 

Venue: Superior Court of Los Angeles County, Los Angeles, CA

Judge: Debra K. Weintraub

Date: 08-26-2011

 

Plaintiff(s): Attorney(s):

* Selby Lighthill; Paul & Hanley LLP; Berkeley, CA, for Carmen Nunez, Lourdes Nunez, Gloria Nunez, Carmen M. Nunez, Estate of Francisco Nunez

* Craig Peters; Paul & Hanley LLP; Berkeley, CA, for Carmen Nunez, Lourdes Nunez, Gloria Nunez, Carmen M. Nunez, Estate of Francisco Nunez

 

Expert(s):

* Barry Horn M.D.; Pulmonology; Berkeley, CA called by: Selby Lighthill, Craig Peters

* Robert Johnson C.P.A., C.F.E.; Economics; Los Altos, CA called by: Selby Lighthill, Craig Peters

* John Templin C.I.H.; Industrial Hygiene; Seal Beach, CA called by: Selby Lighthill, Craig Peters

 

Defendant(s): Attorney(s):

* Edward R. Hugo; Hugo Parker, LLP; San Francisco, CA, for Special Electric Company, Inc.

* Amber L. Kelly; Hugo Parker, LLP; San Francisco, CA, for Special Electric Company, Inc.

 

Expert(s): * None

 

Facts: From 1964 through 1982, plaintiffs' decedent Francisco Nunez, a laborer, worked at the Johns-Manville manufacturing facility, in Long Beach. In February 2009, Nunez was diagnosed with mesothelioma, a cancer of the lining of the peritoneum. On Dec. 19, 2009, Nunez died from complications involving his mesothelioma.

Carmen Nunez, decedent's widow, as successor-in-interest to Francisco Nunez, as well as his daughters, Lourdes Nunez, Gloria Nunez and Carmen M. Nunez as legal heirs of Francisco Nunez, sued Special Electric Company Inc., alleging negligence and strict products liability. They claimed that Special Electric supplied raw asbestos fiber to the manufacturing facility where Nunez worked.

 

The plaintiffs claimed the decedent died from mesothelioma caused by his occupational exposure to asbestos while employed at the Johns-Manville facility. They alleged that he was exposed to raw asbestos fiber while working in the Thermobestos Insulation and Transite Pipe departments.

Special Electric contended that it did not cause or contribute to the decedent's mesothelioma and ultimate death. It asserted that the dangers of occupational exposure were known when the decedent worked at Johns-Manville and that the manufacturing facility was to blame for his mesothelioma.

 

Injury: Francisco Nunez was diagnosed with mesothelioma in February 2009, and he died from the disease 10 months later. He was in his 80s at the time of his death. He is survived by his wife, Carmen Nunez, 84; and daughters, Carmen M. Nunez, 49, Gloria Nunez, 48, and Lourdes Nunez, 44.

The plaintiffs sought $750,000 in damages for the decedent's loss of earnings, past medical care and lost household services.

Verdict Information: The jury rendered a defense verdict.

 

Editor's Comments: This report is based on information that was provided by plaintiffs' and defense counsel.

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