Selected Verdicts

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.

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San Francisco Jury Returns $11.5 Million Verdict Against Unocal for Pipefitter’s Wife

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 1950's. The verdict against Unocal was on three separate theories of negligence.

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 pipe fitter 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.

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 pipe fitter intermittently for approximately three years from 1948 to 1963 during their marriage.

The jury found that Ms. Gunderson suffered $550,750 million 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 Mrs. Gunderson’s can be caused by relatively low exposures including dust from clothing brought home from 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.

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San Francisco Jury Awards $4.2 Million to Contra Costa County Electrician

On July 15, 2002 a San Francisco jury awarded a $4.2 million verdict to Victor and Francesca Trinchese of San Ramon, California for an asbestos-caused mesothelioma cancer. This is the first verdict in the United States involving the “Bakelite” electrical products of Union Carbide.

VICTOR TRINCHESE is a 61-year old electrician from San Ramon, California who was exposed to asbestos while working with Union Carbide “Bakelite” electrical products. In August, 2001, VICTOR TRINCHESE, husband of FRANCESCA TRINCHESE and father of two adult children, was diagnosed with malignant mesothelioma, a cancer caused by exposure to asbestos.

Mr. Trinchese filed his lawsuit in San Francisco in October, 2001. In July, 2002, following a two-week jury trial and three days of deliberation, the jury found the remaining defendant, UNION CARBIDE’s asbestos product, “Bakelite”, was a cause of Mr. Trinchese’s cancer. The jury found UNION CARBIDE was negligent in the manufacture of its asbestos-containing plastics produced in the 1960's and 1970's. These products were used by Mr. Trinchese in his electrical work at Hunter’s Point Naval Shipyard.

The jury found that Mr. Trinchese suffered $1.6 million in lost income and medical expenses based upon the testimony of expert Santa Rosa economist Dr. Barry Ben-Zion and Berkeley pulmonologist Dr. Barry Horn. Mr. Trinchese was awarded $1.8 million for pain and suffering. Francesca Trinchese was awarded $800,000.00 for loss of her husband’s care, comfort and society.

Plaintiff’s expert witnesses included pulmonologist Dr. Barry R. Horn, medical state of the art expert, Dr. Barry Castleman (Baltimore, MD), economist Dr. Barry Ben-Zion, materials specialist Dr. Richard Hatfield (Atlanta, GA), pathologist Dr. Samuel Hammar (Bremerton, WA), Dr. Arnold Brody (New Orleans, LA), industrial hygienist Dr. Kenneth Cohen (El Cajon, CA) and epidemiologist Dr. Allan Smith (Oakland, CA).

John Craighead, M.D. (Ferrisburg, VT) and Lawrence Birkner, C.I.H. (Thousand Oaks, CA) testified on behalf of the defendant.

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San Francisco Jury Returns $1,125,579 Asbestos-Related Personal Injury Verdict

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.

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 filed his claim for asbestos-related injuries in March, 2001. Following a three-week trial and six days of deliberations, the jury found the remaining defendant, ALLIED SIGNAL, INC., 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.