Hearn, Harris, Wetch Verdict vs. Plant Insulation Company

San Francisco Jury Awards $4.3 Million to Families of Three Bay Area Pipefitters for Asbestos-Related Cancer Deaths

On January 5, 2009 following a month-long trial, a San Francisco jury awarded a total of $4,327,598.75 to the surviving widows and children of three industrial plumbers who died of asbestos-caused lung cancer. The jury also included an award for punitive damages in their verdict against defendant Plant Insulation Company, formerly a major Northern California industrial insulation contractor.

The jury of eight women and four men deliberated for two days before announcing their verdict. They awarded $2,122,860.69 for the death of James M. Harris, who succumbed to lung cancer caused by his exposure to asbestos during his career as a pipefitter working in San Francisco Bay Area oil refineries. Mr. Harris was 81 years old at the time of his death, and was survived by his widow, Grace L. Harris, of Elverta, California, and their children Rodger A. Harris, Susan B. Smith, James R. Harris and Guy O. Harris.

Plant Insulation Company was the exclusive Northern California supplier of asbestos-containing pipe insulation products known as “Pabco” and provided insulation contractor services at a wide variety of industrial sites. The jury found that Plant Insulation Company was liable for exposing Mr. Harris to asbestos dust which caused him to develop lung cancer. Plant Insulation Company was found to be 79% at fault, while other manufacturers, distributors and suppliers of asbestos products, who were not present at the trial, were found to be 21% at fault.

The same jury awarded $1,277,000.00 in damages to the family of William C. Hearn of Concord, California. He is survived by his wife of 48 years, Anna May Hearn, and his son, Gilbert Hearn, of Antioch, California. Like Mr. Harris, Hearn died of lung cancer caused by exposure to asbestos at a variety of Bay Area industrial sites. He was 72 at the time of his death. The jury allocated 59% of the fault for Mr. Hearn’s illness and death to defendant Plant Insulation Company.

The jury awarded $858,738.06 in damages to the family of George P. Wetch of Sebastopol, California. He died at age 84, of lung cancer caused by exposure to asbestos. Mr. Wetch worked as a pipefitter at chemical plants and oil refineries in Contra Costa County for thirty years beginning in the late 1950s. Plant Insulation Company was found to be 69% at fault in causing the lung cancer that took Mr. Wetch’s life. Mr. Wetch was survived by his wife Frances Wetch and his son Mark Wetch of Santa Rosa, California.

The plaintiffs were represented by Wes Wagnon and Selby Lighthill, of the law firm of Paul & Hanley LLP, located in Berkeley, California.