San Francisco Jury Returns $11.5 Million Verdict Against UNOCAL for Pipefitter's Wife in Gunderson Trial

On December 12, 2002, a San Francisco jury awarded $11,550,750 to Genevieve Gunderson of Torrance, California, for a terminal cancer she contracted from her husband's clothing in the 1950s. The verdict against Unocal was on three separate theories of negligence.  Ms. Gunderson is dying of mesothelioma, an incurable asbestos-caused cancer.

Genevieve Gunderson is a 75-year-old homemaker and retired hairdresser from Torrance, California, who was exposed to asbestos from her former husband, Gordon Fraser's, work as a pipefitter at industrial sites, including Unocal in Wilmington, California, from 1948 to 1963.

In October, 2001, Genevieve Gunderson, mother of one adult child, four grandchildren, and several great-grandchildren, was diagnosed with mesothelioma, a cancer caused by exposure to asbestos. Ms. Gunderson's prognosis is terminal and she has been given only months to live.

Ms. Gunderson filed her lawsuit in San Francisco in March, 2002. In October, 2002, following a three-week jury trial and three days of deliberation, the jury found the remaining defendant, Unocal, 9.3% at fault. Ms. Gunderson was exposed to asbestos in her home when she shook out and laundered her husband's work clothing. Her former husband, Mr. Fraser, worked at the Unocal refinery in Wilmington, California, as a pipefitter, intermittently for approximately three years from 1948 to 1963 during their marriage.

The jury found that Ms. Gunderson suffered $550,750 in lost income and medical expenses based upon the expert testimony of Santa Rosa economist Dr. Barry Ben-Zion and Berkeley pulmonologist Dr. Barry Horn.  Ms. Gunderson was also awarded $11 million for her pain and suffering.  Evidence was presented that cancers such as Ms. Gunderson's can be caused by relatively low exposures, including dust brought home on workers' clothing.  Though largely ignored, the industrial community was well aware of recommendations for providing workers who worked around asbestos and other harmful dust with changing rooms, work clothing, and workplace laundry service.

"This is another chapter in the continuing tragedy created by industry's indifference to worker safety and particularly to asbestos hazards," stated Ms. Gunderson's lawyer, of Berkeley, California. "Ms. Gunderson is pleased with the jury's decision. While it will not change her terminal condition, it will provide her with some satisfaction that those who caused this problem are being made to take responsibility."

The case was initially filed in March, 2002, against 40 separate defendants, and was advanced to trial quickly because of Ms. Gunderson's terminal condition. Before trial all defendants except Unocal, Chevron, and Fluor Corporation settled. Chevron and Fluor Corporation settled during trial. The total verdict will be reduced by the other parties' settlements. The final judgment against Unocal is estimated to be approximately $1.5 million.

Fact Sheet
Case Summary:  Plaintiff, Genevieve Gunderson, is 75 years old and is dying from mesothelioma. She alleged she contracted mesothelioma from asbestos exposure brought home by her ex-husband from 1948 to 1963. It was undisputed that Ms. Gunderson has an asbestos-caused mesothelioma.

Her ex-husband, Gordon Fraser, was a pipefitter at large industrial sites from 1946 to 1982 throughout Southern California. He was married to Ms. Gunderson from 1948 to 1963. During the marriage, he wore his work clothes home and she laundered them twice weekly. He worked at Union Oil (Unocal) on several large construction projects for a total time of approximately three years from 1948 to 1963.  These were all new construction projects and his employers were Bechtel and Flour Corporation (both of whom settled during the trial).

Unocal presented both duty and state-of-the-art defenses.  Defendant argued it was unforeseeable that before 1960, "take-home" exposures could cause disease. Therefore, they argued no duty as a matter of law (the court denied all motions on this issue). They also argued that they were not negligent.  They supported their case with the expert testimony of Dr. William Hughson, a pulmonologist and Howard Spielman, a Certified Industrial Hygienist.  Plaintiff responded with state-of-the-art testimony of Dr. Barry Castleman.

The defendant found in plaintiff's favor on three separate theories of ordinary negligence, premises liability, and peculiar risk.

Jury trial:  Genevieve J. Gunderson v. A. W. Chesterton Company, et al. San Francisco Superior Court Case No. 406207

Judge:  The Honorable Tomar Mason, Department 608

Case filed:  March 29, 2002

Verdict rendered:  December 12, 2002

Total verdict:  Total Economic Damages $550,750 Total Non-Economic Damages $11 million

Trial testimony:  three weeks; deliberations lasted three days

Trial commenced:  November 14, 2002 and concluded December 12, 2002

Allocation:  90.7% to all other defendants; 9.3% to Union Oil Net judgment after settlement verdict and costs approximately $1,485,725

Experts:
Plaintiff’s experts included: Richard Hatfield, Materials Analyst Specialist, Atlanta, GA Barry R. Horn, M.D., Pulmonologist, Berkeley, CA Barry Castleman, M.D., Medical State of the Art, Baltimore, MD Barry Ben-Zion, Ph.D., Economist, Santa Rosa, CA Kenneth Cohen, C.I.H, Ph.D., El Cajon, CA Allan Smith, M.D., PhD., Epidemiologist, Oakland, CA

Defense experts included: William Hughson, M.D. Pulmonologist, San Diego, CA Howard Spielman, Certified Industrial Hygienist, Los Alamitos, CA

Prior settlement negotiations: Plaintiff served CCP§ 998 offer for $300,000 which was rejected. During the trial plaintiff's last demand was $700,000.

Plaintiff's attorney:
J. Rae Lovko, Esq.
law firm of Paul & Hanley LLP
1608 Fourth Avenue, Suite 300
Berkeley, CA 94710
Tel: (510) 559-9980, extension 105
Fax: (510) 559-9970