Document 7RB1qDXjQqXVO8zaXwBKg6Bo

FILE NAME: Fibreboard (FIB) DATE: 1983 Aug 12 DOC#: FIB010 DOCUMENT DESCRIPTION: Article from Asbestos Litigation Reporter - CA Jury Awards Two Workers and W idow $2.6 M illion from Fibreboard Asbestos Litigation Reporter Published twice monthly by Andrews Publications, Inc., Edgemont, PA 19028 August 1 2 , 1983 P u n itiv e Damages CA JURY AWARDS TWO WORKERS AND WIDOW S ^ JJilL L IO N FROM FIBREBOARD ` (0 An Oakland, C a lifo r n ia ju ry has awarded $2.6 m illio n in damages, in c lu d in g $1.8 m illio n in p u n itiv e damages, from Fibreboard Corp. to two in s u la tio n workers and the widow o f a t h ir d . A ll three workers su ffered from asbestosis. I f i t stands, the award w i ll be the la rg e st in a C a lifo r n ia asbestos case and the f i r s t p u n itiv e damages award ever against Fibreboard. Attorneys fo r the company said they would appeal. An Alameda County Superior Court ju ry reached the v e rd ic t Aug. 2 a ft e r d e lib e ra tin g 10 hours over two and one-half days, fo llo w in g a six-week t r i a l before Judge John Cooper. A ll three workers worked fo r Fibreboard, but were allowed to sue the company under a theory o f successor l i a b i l i t y f o r in ju r ie s they suffered p r io r to 1947 when they worked at the Em eryville Plant Rubber and Asbestos Works fa c to ry which was purchased by Fibreboard su b sid ia ry . Each of the three p l a i n t i f f s w i ll receive $600,000 in p u n itiv e dam ages. In a d d itio n , p l a i n t i f f W ilson P it t s , 56, w ill receive $500,000, A rch ie M ille r , 69, w i ll receive $302,151, and Grace B e ll, whcse husband, Horace, died o f asbestos-related heart and lung f a ilu r e fo u r years ago at age 57, w i ll receive $67,654. According to testimony, workers at the in s u la tio n fa cto ry ro u tin e ly were exposed to such huge volumes o f asbestos dust th at they would have to stop to c le a r t h e ir eyes, mouths and ears. Workers were provided cheesecloth face masks, but t e s t if ie d they never were informed that in h alin g asbestos fib e rs could cause re sp ira to ry ailm ents. In videotaped testim ony, the p la n t's former medical d ir e c to r , Dr. Henry Perlm utter, said he had studied asbestosis when he was in medical school during the 1930s. He said he did not warn the employees or in vestig ate the working co n d itio n s. Fibreboard attorneys said the company did not know t h e ir product was hazardous u n t il the la te 1960s or e a rly 1970s and that i t acted q u ick ly at that point to p ro te ct workers once the danger was known. The ju ry was asked to decide the case on th e o rie s o f landowner l i a b i li t y , corporate medical program and d e ce it. Settlement ta lk s never reached the bargaining stage. Conti nued 1913 Andrews Publications, Inc. AU Ri(lM Rosrvcd Reproduction aneti prohibited without permission. P . 6,982 _________ Asbestos Litigation Reporter _________________Published twice monthly by Andrews Publications, Inc., Edgemont, PA 19028 A u g u s t 1 2 , 1983 Continued " ' -------------- --------- '--------- The p l a i n t i f f s were represented by Steven Kazan of Oakland. F ib re board was represented by George Benetatos and Nanette Hudson o f the Law O ffic e s of Ronald E. Hothem of San Fran cisco . Philad elp h ia Non-Jury T ria l DEFENSE VERDICT RETURNED IN CLAIM BY HEART VICTIM Judge Ju lia n F. King o f P h ila d e lp h ia Common Pleas Court dismissed a wrongful death claim Ju ly 25 a fte r hearing nine days o f testimony over whether the v ictim s heart co n d itio n was caused by h is asbestos exposure (Zizak v. Johns M a n v ille , et a l. , No. 7901-4051 [131] Case No. 43). Attorneys fo r Anthony Zizak, a shipyard worker, alleged he died o f cor pulmonale th at resulted from h is asbestos exposure. The defendants contended he died o f a heart attack. Dr. G e rrit Schepers, the so le medical expert fo r the p l a i n t i f f s , was on the stand f iv e days-- three o f them fo r testimony under the questioning of Neil Peterson o f G re itze r & Locks, representing Zizak, and two days under cross examination by Edward David o f Curran, M ylotte, David & F it z p a t r ic k , representing P ittsb urgh Corning and conducting the cross examination fo r a ll defendants. Four more days were taken up by testimony and cross examination of two defense experts, Dr. Leonard Berkowitz, a pulmonary s p e c ia lis t , and Dr. John Helwig, a c a r d io lo g is t, both from P h ila d e lp h ia . Judge King ruled fo r the defendants, fin d in g th at the manner o f Z iza k 's sudden death was contrary to the slow ly d e b ilit a t in g process commonly associated with cor pulmonale. In a d d itio n to P ittsb u rg h Corning, defendants included Celotex Corp., E a gle-P ich er, Armstrong World In d u strie s, N ic o le t, 48-In su latio ns, H.K. P o rter, Keene Corp., Raymark and Fibreboard. P h ila d e lp h ia Common Pleas Court g iv in g lit ig a n t s the f i r s t break in that saw 117 cases c a lle d fo r t r i a l P. 6,984). has recessed fo r the month of August, a marathon non-jury t r i a l program since January (See related story, *** " 1983 Andrews Publications, lnc,, AU Rights Reserved Reproduction strictly prohibited without permission. P , 6 , 9 8 3