Parker Wins Complete Defense Verdict for Stucco Client in Los Angeles

Posted on Friday, 26 April 2013

April 2013.  HUGO PARKER's James C. Parker, along with Greg Rosse and Shaghig Agopian, successfully defended client Merlex Stucco, Inc. in a wrongful death suit brought by the adult heirs of a career plasterer and stucco journeyman, who claimed that their father's several decades of exposure to asbestos in stucco, including some manufactured by Merlex, contributed to his fatal lung cancer at age 77 in August 2010.  Plaintiffs sought compensatory and punitive damages against some two dozen defendants; only Merlex and two other defendants went to verdict.  The case was tried to a jury in Los Angeles Superior Court presided over by the Hon. Frederick C. Shaller.  After a nearly three week trial, the court granted Merlex's motion for nonsuit on all negligence theories and punitive damages. Parker argued to the jury that decedent's long history of smoking and other lifestyle choices, and not any asbestos exposure, led to his demise.

 

The jury returned a complete defense verdict for Merlex after less than three hours of deliberation.

(Rick Rush et al. v. Merlex Stucco, Inc. et al., Los Angeles Superior Court, Case No. BC 456933)

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