San Francisco Jury Awards $5,900,000 to Peninsula Executive

On May 18, 2006, a San Francisco jury awarded $5,900,000 to Robert Johnsen of Sunnyvale, California for asbestos-related cancers. The verdict was against Kaiser Gypsum Company, Inc., a company that made asbestos-containing drywall products.

Robert Johnsen is a 74-year old high-tech business executive who, at the time of his diagnosis, was working with Zero-G, a Cupertino, California based company.

Mr. Johnsen was exposed to Kaiser Gypsum’s asbestos products when he remodeled his homes in Colorado during the 1960’s and when he supervised the building of his home and office for his employer in California during the 1970’s.

In January 2005, Mr. Johnsen was diagnosed with malignant mesothelioma and lung cancer (two separate cancers). Mr. Johnsen was a lifelong nonsmoker. His prognosis is terminal and he has been given a six-month life expectancy.

Mr. Johnsen filed his lawsuit on July 11, 2005, naming several defendants. On May 18, 2006, the twelve-person jury found that the remaining defendant, Kaiser Gypsum, was responsible, in part, for Robert Johnsen’s cancers. The jury found that Kaiser Gypsum’s products were defective. Mr. Johnsen personally used Kaiser Gypsum’s products from 1956 to 1970 during which time he undertook five to six home and basement remodels for himself and others.

The jury found that Mr. Johnsen suffered $940,000 in lost income and medical expenses and awarded $5,000,000 in pain and suffering.

Plaintiff’s expert witnesses included Dr. Barry Horn, a pulmonologist from Berkeley, California; Dr. Richard Cohen, a physician who testified regarding the state-of-the-art, from Saratoga, California; Dr. Jerrold Abraham, a pathologist from Syracuse, New York; Dr. Arnold Brody, a cellular biologist from Tulane University in New Orleans; Richard Hatfield, an industrial hygienist and materials analyst from Suwannee, Georgia; Dr. Allan Smith, an epidemiologist from Berkeley, California, and Dr. Barry Ben-Zion, an economist from Santa Rosa, California.

Defense expert witnesses included Dr. William Hughson, a pulmonologist and epidemiologist from San Diego, California; Dr. Gerald Meyers, a pulmonologist from Berkeley, California; Dr. Douglas Fowler, a Certified Industrial Hygienist from Redwood City, California; Dr. Arthur Langer, a mineralogist from Brooklyn, New York; Dr. John Craighead, a pathologist from Ferrisburg, Vermont, and Edward van der Bogert, a construction management and safety expert from Lynnwood, Washington.

Jury Trial: Robert Johnsen and Marites Johnsen v. Kaiser Gypsum Company, Inc.

San Francisco Superior Court Case No. 442973

Judge: The Hon. Ernest H. Goldsmith, Department 613

Verdict

Rendered: May 17, 2006

Total

Verdict: $5,900,000

Economic Damages: $803,000

Pain and Suffering: $5,000,000

Allocations: Kaiser Gypsum Company, Inc.: 15%

All others: 85%

Estimated Judgment after credits: $1,500,000

Trial testimony: 13 days; Jury deliberations lasted 2 days (trial spanned over 7 weeks due to the fact that the Court took a 3-week break after plaintiffs’ evidence)

Trial commenced March 16, 2006 and concluded May 18, 2006

Expert witnesses:

Plaintiffs’ expert witnesses included:

• Richard Cohen, M.D.
• Richard Hatfield
• Arnold Brody, M.D.
• Barry Horn, M.D.
• Allan Smith, M.D.
• Jerrold Abraham, M.D.
• Barry Ben-Zion, Ph.D.

Defendant’s expert witnesses included:

• William Hughson, M.D.
• Edward van der Bogert
• Gerald Meyers, M.D.
• Douglas Fowler, Ph.D.
• Arthur Langer, Ph.D.
• John Craighead, M.D.

Plaintiffs’ attorneys:

Benjamin Goldstein, Esq.

Paul & Hanley, LLP

1608 Fourth Street, Suite 300

Berkeley, CA 94710

Telephone: (510) 559-9980

Facsimile: (510) 559-9970

Defense attorneys for Kaiser Gypsum Company, Inc.:

John Wallace, Esq.

JACKSON & WALLACE

55 Francisco Street , 6th Floor

San Francisco , CA 94133

Telephone: (415) 982-6300

Facsimile: (415) 982-6700

 

John Katerndahl, Esq.

Anthony Topolsky, Esq.

HASSARD BONNINGTON LLP

Two Embarcadero, Suite 1800

San Francisco , CA 94111-3993

Case Summary

Robert Johnsen alleged he was dying of peritoneal mesothelioma and lung cancer caused by the totality of his asbestos exposure, including Kaiser Gypsum Company, Inc.’s products. Plaintiff’s alleged exposure occurred during 200 brake replacements (1946-1951), U.S. Navy service (1951-1955) and during his home remodel and construction (1957-1975). From 1957, Mr. Johnsen personally remodeled five to six basement areas at various houses for himself and his extended family. From 1972 to 1975, Mr. Johnsen supervised the construction of a large office addition and several homes. He testified to using Kaiser Gypsum products and to seeing the products at several sites.

Kaiser Gypsum contended that Mr. Johnsen had little or no exposure to Kaiser Gypsum’s products and that chrysotile asbestos (which was contained in its products) does not cause peritoneal mesothelioma. Kaiser Gypsum also contended that the cause of Robert Johnsen’s mesothelioma was his exposure to asbestos during his service with the U.S. Navy.