Below are summaries of our trials from 2009.
Jury Assesses a $10.2 Million Verdict for Retired Washington Paper Mill Worker Suffering from Mesothelioma
A federal jury in Seattle, Washington found in favor of Henry Barabin, a retired Crown Zellerbach Paper Mill worker suffering from mesothelioma, and his wife, Geraldine, in their products liability case against Scapa Dryer Fabrics, Inc. and AstenJohnson Inc., two former manufacturers of asbestos–containing dryer fabrics used on paper machines. (Henry Barabin, et al. v. Scapa Dryer Fabrics, Inc. & AstenJohnson, Inc., 2009 Case No. C07-01454-RSL, United States District Court, Western District of Washington)
Rather than pay the judgment, the defendants appealed. Mr. Barabin managed to beat the odds and bravely fought his mesothelioma for a long time before finally passing away on March 30, 2012. After several years waiting for the appeal to be decided, on January 15, 2014, based on the defendant’s erroneous claim that the trial judge failed to make a complete Daubert record regarding plaintiff’s experts, the 9th Circuit Court of Appeal reversed the $10.2 million verdict and remanded the case back to the trial court for a new trial.
Former Navy Boiler Maker with Asbestosis Assessed Verdict Against Asbestos Corporation Ltd.
A San Francisco jury ruled in favor of Tommy Dye, a former Navy boiler maker from Othello, Washington, in his products liability case against Asbestos Corporation Limited (ACL), a supplier of asbestos fibers used in the manufacture of packing, gasket, and insulation materials. (
Tommy Dye, et al. v. Asbestos Corporation Limited, et al., 2009 Case No. 474606, San Francisco Superior Court)
Jury Assesses a $3.4 Million Verdict for the Family of a Former Johns–Manville Plant Worker
A jury ruled in favor of the family of Richard Worthley Sr., a deceased former Johns–Manville Transite plant worker from Beaumont, California, in their negligence, products liability design defect, and products liability failure to warn trial against Advocate Mines Limited, an asbestos mine in Baie Verte, Newfoundland. (Mickie Worthley, et al. v. Advocate Mines Limited, et. al., 2009 Case No. 432308, San Francisco Superior Court)
San Francisco Jury Renders a $8.4 Million Dollar Verdict for Former Drywaller with Mesothelioma
A jury ruled in favor of Jack Reynolds, a former drywaller from Rio Vista, California, in his products liability trial against Hamilton Materials, Inc., assessing $8.4 million in damages, due to Hamilton Materials, Inc.’s contribution in causing Mr. Reynolds’ mesothelioma. (Jack Reynolds v. Hamilton Materials, Inc., 2009 Case No. 274747, San Francisco Superior Court)
Jury Assesses a $1,185,500 Verdict for Oakland, California Laborer
A jury ruled in favor of Charles Johnson, a former laborer from Oakland, California, in his negligence trial against Plant Insulation Company, assessing $1,185,500, due to Plant Insulation Company’s contribution in causing Mr. Johnson’s mesothelioma. (Charles Johnson v. Plant Insulation Company, et al., 2009 Case No. 274919, San Francisco Superior Court)
Selected Verdicts: 2009
Al Samuelson v. Amcord, Inc., et al.
Civil Jury Trial
Superior Court: Los Angeles County
Judge: Hon. Ricardo A. Torres
Trial Type: Lung Cancer-Products Liability-Negligence
Case Resolved During Plaintiff’s Case in Chief: Excess of $1,000,000 as to All Defendants
December 2009 – January 2010
Mareta Ryan, et ux. v. Gardner Denver, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Gail DeKreon
Trial Type: Wrongful Death-Lung Cancer-Products Liability-Negligence
Case Resolved After Plaintiffs Opening Statement: Excess of $150,000 as to All Case Defendants
December 2009
Bernice Cox, et ux. v. Leslie Controls, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Gail DeKreon
Trial Type: Wrongful Death-Mesothelioma-Product Liability-Negligence
Case Resolved During Jury Deliberations: Excess of $800,000 as to All Defendants
November-December 2009
Henry & Geraldine Barabin v. Scapa Dryer Fabrics, Inc. & Asten Johnson, Inc.
Civil Jury Trial
Federal Court: Western District of Washington, Seattle, Washington
Judge: Chief United States District Court Judge Robert S. Lasnik
Trial Type: Products Liability-Negligence-Personal Injury-Mesothelioma
Verdict: $10,200,000
Cases Resolved With Additional Defendants: $700,000
November 2009
Bruce Wall, et ux. v. J.T. Thorpe & Son, Inc; Wickes, Inc.; et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Tomar Mason
Trial Type: Living Mesothelioma-Products Liability-Negligence
Case Resolved After Hung Jury at Start of Retrial: Excess of $4.75 Million as to All Defendants
September – November 2009
Alvin and Yolonda Leandro v. Fluor Corporation, D.W. Nicholson, Golden Gate Drywall, Inc., Cahill Contractors, Inc., Anderson Rowe & Buckley, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Personal Injury-Lung Cancer
Case Resolved After Opening Statements: Excess of $1,500,000
August 2009
Eugene Price v. Garlock Sealing Technologies, LLC, Pep Boys Manny Moe & Jack of California, Ford Motor Company, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved After Motions in Limine: Excess of $80,000
August 2009
In re William Matthis, et al. v. General Electric Company, Quintec Industries, Inc., Sequoia Ventures Inc., CNH America LLC, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved After Motions in Limine: Excess of $300,000
August 2009
Paul and Marlene Westbrook v. Northrop Grumman Ship Building, Inc., Asbestos Corporation Limited, SB Decking, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved After Jury Selection: Excess of $1,300,000
August 2009
Patricia Pascale, et ux. v. Cleaver Brooks, Inc.; Quintec, Inc.; et al.
Civil Jury Trial
Superior Court: Los Angeles County, California
Judge: Hon. Ronald Sohigian
Trial Type: Wrongful Death-Peritoneal Mesothelioma-Negligence-Product Liability
Case Resolved at Jury Selection: Excess of seven figures
June – July 2009
Mickie Worthley, et al. v. Advocate Mines Limited
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Wrongful Death-Mesothelioma
Verdict: $3,377,750
Case Resolved With Remaining Defendants: Excess of $1,500,000
June – July 2009
Jack Reynolds v. Hamilton Materials, Inc.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Mary Wiss
Trial Type: Products Liability-Negligence-Mesothelioma from Drywall Products
Verdict: $8,468,759
May – June 2009
Charles Johnson v. Plant Insulation Company, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. John K. Stewart
Trial Type: Negligence-Personal Injury-Mesothelioma
Verdict: $1,185,500
Case Resolved With Remaining Defendants: Excess of $847,000
May – June 2009
Charlotte Smith, et ux. v. Sequoia Ventures, Inc.; Foster Wheeler LLC, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Robert Dondero
Trial Type: Wrongful Death Buccal Cancer-Negligence-Product Liability-Boilermaker
Case Resolved at the Close of Jury Selection: Excess of $750,000
April – May 2009
Jim Whinery, et. al. v. Plant Insulation Company, Crane Co., et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Marla Miller
Trial Type: Products Liability-Negligence-Wrongful Death-Mesothelioma
Case Resolved During Plaintiffs’ Case in Chief: Excess of $2,537,000
May 2009
Karen Ramey, Mary Fish, and Jacquelyn Bakken, et. al. v. Dana Companies, LLC, Foster Wheeler LLC, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Marla Miller
Trial Type: Products Liability-Negligence-Wrongful Death-Mesothelioma
Case Resolved During Jury Selection: Excess of $3,500,000
April 2009
Pamela Baur, et ux. v. Sequoia Ventures, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Bruce Chan
Trial Type: Lung Cancer-Wrongful Death-Product Liability-Negligence
Case Resolved at Opening Statement: Excess of $750,000 as to all Defendants
April 2009
Stephanie Berg, et ux. v. Scott Company of California, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Robert J. Dondero
Trial Type: Peritoneal Mesothelioma-Wrongful Death-Product Liability-Negligence
Case Resolved During Plaintiff’s Case in Chief: Excess of $1,750,000 as to all Defendants
March 2009
Connie Trujillo, et ux. v. Sequoia Ventures, Inc.; Fluor Corporation; et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Curtis E. Karnow
Trial Type: Peritoneal Mesothelioma-Wrongful Death-General Contractor Negligence
Case Resolved During Plaintiff’s Case in Chief: Excess of $900,000 as to all Defendants
March 2009
In re Brayton Group 425 v. J.T. Thorpe & Son, Inc., San Francisco Gravel Company, Inc., Union Carbide Corporation, et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Mary Wiss
Trial Type: Products Liability-Negligence-Wrongful Death-Lung Cancer
Case Resolved During Motions in Limine: Excess of $1,500,000
March 2009
Larry Robbins v. Kaiser Gypsum Corporation, Advocate Mines, Ltd., et al.
Civil Jury Trial
Superior Court: King County, Washington
Judge: Hon. Suzanne Barnett
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved During Voir Dire: Excess of $90,000
March 2009
Thomas Taylor v. Metalclad Insulation Corporation, Quintec Industries, Inc., Allis-Chalmers Corporation Product Liability Trust, et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Nancy Davis
Trial Type: Products Liability-Negligence-Personal Injury-Colon Cancer
Case Resolved During Motions in Limine: Excess of $200,000
March 2009
Rosa Temple, et al. v. Pacific Coast Building Products, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Mary Wiss
Trial Type: Products Liability-Negligence-Wrongful Death-Asbestosis
Case Resolved During Motions in Limine: Excess of $750,000
February 2009
Milton Siefken v. Plant Insulation Company, et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Harold Kahn
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved During Plaintiff’s Case in Chief: Excess of $100,000
February 2009
In re Brayton Group 388 v. Rich-Tex, Inc., Hamilton Materials, Inc., et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved During Opening Statements: Excess of $500,000
February 2009
Margaret Simpson, et ux. v. Union Carbide; J S Guerin Co.; SF Gravel Co.; et al.
Civil Jury Trial
Superior Court: San Francisco, California
Judge: Hon. Curtis E. Karnow
Trial Type: Wrongful Death-Mesothelioma-Negligence-Product Liability
Case Resolved Just Prior to Closing Statements: Excess of $2.5 Million as to all Defendants
Jan-Feb 2009
Clarence Tolva and Billy Tyndall v. Foster Wheeler LLC, et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Tomar Mason
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved During Jury Selection: Excess of $125,000
January 2009
Angel Panganiban v. Allis-Chalmers Corporation Product Liability Trust and General Motors Corporation, et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Ronald Quidachay
Trial Type: Products Liability-Negligence-Personal Injury-Lung Cancer
Case Resolved During Motions in Limine: Excess of $80,000
January 2009
Joe Carr v. Allis-Chalmers Corporation Product Liability Trust and Chrysler LLC, et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. Nancy Davis
Trial Type: Products Liability-Negligence-Personal Injury-Lung Cancer
Case Resolved During Motions in Limine: Excess of $120,000
January 2009
Willie Green Jr. v. Plant Insulation Company, et al.
Civil Jury Trial
Superior Court: San Francisco County, California
Judge: Hon. John Stewart
Trial Type: Products Liability-Negligence-Personal Injury-Asbestosis
Case Resolved In Between Jury Selection and Opening Statements: Excess of $90,000
January 2009
