San Francisco Jury Returns $1,125,579 Verdict Against Allied Signal, Inc.

On January 24, 2002 a San Francisco jury returned an asbestos-related personal injury verdict award of $1,125, 579.00 for a Paul & Hanley client dying of malignant mesothelioma, an asbestos-caused cancer of the pleura, or lining of the lung.

The jury returned the asbestos-related personal injury verdict, awarding JOHN B. BERNING compensatory damages and finding defendant, ALLIED SIGNAL, INC. 100% at fault for plaintiff’s injury and damages.

JOHN B. BERNING

Plaintiff JOHN B. BERNING is a 77-year old retired window glazier from Wichita, Kansas who was exposed to asbestos at his home while changing the brakes on family vehicles.

In January, 2001, JOHN BERNING, husband of Bernadine Berning and father of five adult children, was diagnosed with malignant mesothelioma, a cancer caused by exposure to asbestos. Mr. Berning’s prognosis is very poor and he has been given only a short time to live.

Mr. Berning filed his claim for asbestos-related injuries in March, 2001. Following a 3-week trial and 6 days of deliberations, the jury found the remaining defendant,

ALLIED SIGNAL, INC., had failed to warn Mr. Berning of the hazards of asbestos. The jury found ALLIED SIGNAL, INC. was negligent in the manufacture of its asbestos-containing brake products produced in the 1960's and 1970's and used by Berning in brake repair work. The jury also found Allied asbestos-containing brake products to be defective in design and awarded Mr. Berning a total of $1,125, 579.00 in damages.

The jury concluded that Mr. Berning suffered economic damages for lost future pensions, home services, and past and future medical expenses in the amount of $275, 579.00 based upon the testimony of expert economist Dr. Barry Ben-Zion and pulmonologist Dr. Barry Horn. Mr. Berning was awarded $850,000.00 for pain and suffering.

Plaintiff’s expert witnesses included pulmonologist Dr. Barry R. Horn, medical state of the art expert Dr. Richard Cohen, economist Dr. Barry Ben-Zion and materials specialist Dr. Richard Hatfield.

William Hughson, M.D. and Sheldon Rabinovitz, C.I.H. testified on behalf of the defendant.

Jury trial: John Berning and Bernadine Berning, v. A.P. Green Industries, Inc., et al.

SFSC Case No. 319733

Judge: The Honorable Alex Saldamando, Department 318

Verdict rendered: January 24, 2002

Total verdict: Total Economic Damages $275, 579.00

Total Non?Economic Damages: $850,000.00

Trial testimony: 3 weeks; deliberations lasted 6 days

Trial commenced: November, 2001

Trial concluded: January 24, 2002

Experts:

Plaintiffs’ experts included:

Richard Hatfield, Materials Analyst Specialist, Atlanta, GA

Barry R. Horn, M.D., Pulmonologist, Berkeley, CA

Richard Cohen, M.D., Medical State of the Art, Saratoga, CA

Barry Ben-Zion, Ph.D., Economist, Santa Rosa, CA

Defense experts included:

William Hughson, M.D., Epidemiologist and State of the Art Expert

Sheldon Rabinovitz, Certified Industrial Hygienist

Plaintiffs’ attorney:

J. Bruce Jackson, Esq.

Paul & Hanley

4905 Central Avenue, Suite 200

Richmond, CA 94804

Tel: (510) 559-9980, extension 126

Fax: (510) 559-9970

Defense attorneys for ALLIED SIGNAL, INC.:

Joseph Kubancik, Esq.

Stephanie Bradshaw, Esq.

GORDON & REES

275 Battery Street, 20th Floor

San Francisco, CA 94111