San Francisco Jury Awards $2,245,000 to Bulldozer Driver and his Wife

On March 16, 2005, a San Francisco jury awarded $2,245,000 to Daniel and Veneisa Johnson of Marion, North Carolina for an asbestos-caused cancer.  Mr. Johnson is dying of mesothelioma, an incurable asbestos-caused cancer.  This is believed to be the first verdict in the United States involving asbestos exposure from Caterpillar machinery.

Daniel Johnson is a 58-year-old bulldozer operator from Marion, North Carolina who was exposed to asbestos from Caterpillar bulldozers while performing brake and other maintenance.

In March, 2004, Daniel Johnson, husband of Veneisa Johnson, and father of two children, was diagnosed with malignant mesothelioma, a cancer whose only known cause is asbestos. Mr. Johnson’s prognosis is terminal and his given three to six months to live.

Mr. Johnson filed his lawsuit in San Francisco on July 15, 2004.  In March, 2005, following a two-week jury trial, the jury found that the remaining defendant, Caterpillar, Inc., was responsible, in part, for Daniel Johnson’s cancer.  The jury found that Caterpillar’s products were defective and Caterpillar failed to properly warn of asbestos hazards. Daniel Johnson performed brake servicing on Caterpillar bulldozers from 1978 to 1985 while employed as a bulldozer operator.

The jury found that Mr. Johnson suffered $995,000 in lost income and medical expenses and awarded $1 million in pain and suffering. In addition, Mrs. Johnson was awarded $250,000 for loss of her husband’s care, comfort and society.

Fact Sheet
Case Summary

Plaintiff alleged he was dying from mesothelioma caused by the totality of his asbestos exposure, including from Caterpillar, Inc.’s products. Plaintiff’s alleged exposure occurred as a boilertender in the Navy for four years between 1967 and 1970 aboard the U.S.S. Yorktown and U.S.S. Independence and at Todd Shipyard in Southern California for several weeks in 1971. From 1976 to 2004, Daniel Johnson was employed as a bulldozer operator in Marion, North Carolina. From 1978 to 1985, he assisted in the maintenance of brakes and the changing of gaskets on three bulldozers on approximately 15 to 20 occasions. Mr. Johnson alleges he was exposed to asbestos during the maintenance of the Caterpillar bulldozers.

Caterpillar alleged that there is no appreciable asbestos exposure during maintenance of such bulldozers. A special study from 2003 was presented to prove that assertion. In addition, Caterpillar presented a chrysotile defense. Caterpillar’s position was that the Navy exposure alone caused Mr. Johnson’s mesothelioma.

Jury Trial:  Daniel Johnson and Veneisa Johnson v. Caterpillar, Inc., et al.
San Francisco Superior Court Case No. 432923

Judge:  The Hon. Donald S. Mitchell, Department 602

Verdict
Rendered:  March 16, 2005

Total
Verdict:  $2,245,000
Economic Damages:  $995,000
Pain and Suffering:  $1,000,000
Loss of Consortium:  $250,000

Allocations: Caterpillar, Inc.:  5%
All others:  95%

Estimated Judgment after credits:  $900,000

Trial testimony:  17 days; Jury deliberations lasted 6 days

Trial commenced February 14, 2005 and concluded March 16, 2005

Expert witnesses:

Plaintiffs’ expert witnesses included:

Richard Cohen, M.D.
Richard Hatfield
Arnold Brody, M.D.
Barry Horn, M.D.
Allan Smith, M.D.
Samuel Hammar, M.D.
Barry Ben-Zion, Ph.D.

Defendant’s expert witnesses included:

John Spencer, C.I.H.
Eugene Sweeney
William Hughson, M.D.
Dennis Paustenbach, C.I.H.

Plaintiffs’ attorneys:

Carolin Shining, Esq.
Paul & Hanley, LLP
1608 Fourth Street, Suite 300
Berkeley, CA 94710