California Verdicts

Plaintiff(s):

Steve C. Swasey (Male, 71 Years), 

Virginia R. Swasey (Female, 70 Years)

Plaintiff Attorney(s):

Jessica M. Dean;
Dean Omar Branham;
Dallas,
TX,
for
Steve C. Swasey, Virginia R. Swasey ■ Amin Omar;
Dean Omar Branham;
Dallas,
TX,
for
Steve C. Swasey, Virginia R. Swasey ■ Roger E. Gold;
Gold Law Firm, P.A.;
San Francisco,
CA,
for
Steve C. Swasey, Virginia R. Swasey

Plaintiff Expert(s):

Barry Horn; M.D.; Pulmonology; Berkeley,
CA called by:
Jessica M. Dean, Amin Omar, Roger E. Gold ■ Carol Hyland; M.A.; Life Care Planning; Lafayette,
CA called by:
Jessica M. Dean, Amin Omar, Roger E. Gold ■ Edwin Holstein; M.D.; Occupational Medicine; Boston,
MA called by:
Jessica M. Dean, Amin Omar, Roger E. Gold ■ James Mills; M.A.; Economics; Los Altos,
CA called by:
Jessica M. Dean, Amin Omar, Roger E. Gold ■ Arnold Brody; M.D.; Oncology; New Orleans,
LA called by:
Jessica M. Dean, Amin Omar, Roger E. Gold ■ Christopher Stephenson; M.D.; Physical Medicine; Sacramento,
CA called by:
Jessica M. Dean, Amin Omar, Roger E. Gold

Defendant(s):

Viacom, 

3M Company, 

Cork Corp., 

BWDAC, Inc., 

Pfizer, Inc., 

CSK Auto, Inc., 

Navistar, Inc., 

BP America Inc., 

FMC Corporation, 

ITT Corporation, 

Soco West, Inc., 

AMMCO Tools Inc., 

Eaton Corporation, 

Shell Oil Company, 

Arvinmeritor, Inc., 

Asbestos Companies, 

Ford Motor Company, 

Dana Companies, LLC, 

Georgia-Pacific LLC, 

Chevron U.S.A., Inc., 

Cleaver-Brooks, Inc., 

Honda Motor Co. Ltd., 

Kelsey-Hayes Company, 

Maremont Corporation, 

BP Oil Supply Company, 

Genuine Parts Company, 

I.B. Benedict Company, 

Nissan Motor Co. Ltd., 

A.W. Chesterton Company, 

Bayer Corpscience, Inc., 

Borg-Warner Corporation, 

Exxon Mobil Corporation, 

J.T. Thorpe & Son, Inc., 

Pneumo-Abex Corporation, 

General Electric Company, 

Hopeman Brothers Company, 

Metalclad Insulation LLC, 

Toyota Motor Corporation, 

Greene, Tweed & Co., Inc., 

Hennessy Industries, Inc., 

Honda North America, Inc., 

Kelly-Moore Paint Company, 

Nissan North America Inc., 

Union Carbide Corporation, 

Asbestos Corporation, Ltd., 

Morton International, Inc., 

Stockton Auto Supply, Inc., 

Kaiser Gypsum Company, Inc., 

Lipe Automation Corporation, 

Parker-Hannifin Corporation, 

Triple A Maching Shop, Inc., 

Beck/Arnley Worldparts Corp., 

Clutch & Brake Xchange, Inc., 

American Honda Motor Co. Inc., 

Coleman’s Brake Service, Inc., 

Honeywell International, Inc., 

AA Auto Parts Inc. of Stockton, 

Hill Brothers Chemical Company, 

Crown, Cork & Seal Company, Inc., 

Metalclad Insulation Corporation, 

O’Reilly Automotive Stores, Inc., 

Toyota Motor Sales, U.S.A., Inc., 

Douglass Insulation Company, Inc., 

Metropolitan Life Insurance Company, 

Carlisle Industrial Brake & Friction, Inc., 

Specialized Clutch & Brake of Stockton, Inc., 

Lear-Siegler Diversified Holdings Corporation

Defense Attorney(s):

James C. Parker;
Hugo Parker, LLP;
San Francisco,
CA,
for
I.B. Benedict Company ■ Edward M. Slaughter;
Hawkins Parnell Thackston & Young LLP;
Dallas,
TX,
for
Maremont Corporation ■ Macy M. Chan;
Hawkins Parnell Thackston & Young LLP;
Los Angeles,
CA,
for
Maremont Corporation ■ Michael A. Brown;
Miles & Stockbridge, P.C.;
Baltimore,
MD,
for
Nissan Motor Co. Ltd., Nissan North America Inc. ■ None reported;

for
Viacom, 3M Company, Cork Corp., BWDAC, Inc., Pfizer, Inc., CSK Auto, Inc., Navistar, Inc., BP America Inc., FMC Corporation, ITT Corporation, Soco West, Inc., Eaton Corporation, Shell Oil Company, Arvinmeritor, Inc., Asbestos Companies, Ford Motor Company, Dana Companies, LLC, Georgia-Pacific LLC, Chevron U.S.A., Inc., Cleaver-Brooks, Inc., Honda Motor Co. Ltd., Kelsey-Hayes Company, BP Oil Supply Company, Genuine Parts Company, A.W. Chesterton Company, Bayer Corpscience, Inc., Borg-Warner Corporation, Exxon Mobil Corporation, J.T. Thorpe & Son, Inc., Pneumo-Abex Corporation, General Electric Company, Hopeman Brothers Company, Metalclad Insulation LLC, Toyota Motor Corporation, Greene, Tweed & Co., Inc., Honda North America, Inc., Kelly-Moore Paint Company, Union Carbide Corporation, Asbestos Corporation, Ltd., Morton International, Inc., Stockton Auto Supply, Inc., Kaiser Gypsum Company, Inc., Lipe Automation Corporation, Parker-Hannifin Corporation, Triple A Maching Shop, Inc., Beck/Arnley Worldparts Corp., Clutch & Brake Xchange, Inc., American Honda Motor Co. Inc., Coleman’s Brake Service, Inc., Honeywell International, Inc., AA Auto Parts Inc. of Stockton, Hill Brothers Chemical Company, Crown, Cork & Seal Company, Inc., Metalclad Insulation Corporation, O’Reilly Automotive Stores, Inc., Toyota Motor Sales, U.S.A., Inc., Douglass Insulation Company, Inc., Metropolitan Life Insurance Company, Carlisle Industrial Brake & Friction, Inc., Specialized Clutch & Brake of Stockton, Inc., Lear-Siegler Diversified Holdings Corporation ■ Alex G. Taheri;
Hawkins Parnell Thackston & Young LLP;
San Francisco,
CA,
for
Maremont Corporation ■ Alice Sacks Johnston;
Schnader Harrison Segal & Lewis LLP;
Pittsburgh,
PA,
for
Nissan Motor Co. Ltd., Nissan North America Inc. ■ Lilian M. Loh;
Schnader Harrison Segal & Lewis LLP;
San Francisco,
CA,
for
Nissan Motor Co. Ltd., Nissan North America Inc. ■ Craig L. Hodgson;
Schnader Harrison Segal & Lewis LLP;
San Francisco,
CA,
for
Nissan Motor Co. Ltd., Nissan North America Inc. ■ Robert A. Rich;
Gordon & Rees LLP;
San Francisco,
CA,
for
AMMCO Tools Inc., Hennessy Industries, Inc. ■ Kevin E. Whelan;
Gordon & Rees LLP;
Irvine,
CA,
for
AMMCO Tools Inc., Hennessy Industries, Inc. ■ Samuel D. Jubelirer;
Gordon & Rees LLP;
Oakland,
CA,
for
AMMCO Tools Inc., Hennessy Industries, Inc.

Defendant Expert(s):

John Henshaw;
Industrial Hygiene;
Sanibel,
FL called by:
James C. Parker, Edward M. Slaughter, Macy M. Chan, Michael A. Brown, Alex G. Taheri, Alice Sacks Johnston, Lilian M. Loh, Craig L. Hodgson, Robert A. Rich, Kevin E. Whelan, Samuel D. Jubelirer ■ David Garabrant;
Epidemiology;
Ann Arbor,
MI called by:
James C. Parker, Edward M. Slaughter, Macy M. Chan, Michael A. Brown, Alex G. Taheri, Alice Sacks Johnston, Lilian M. Loh, Craig L. Hodgson, Robert A. Rich, Kevin E. Whelan, Samuel D. Jubelirer ■ James Crapo;
Pulmonology;
Denver,
CO called by:
James C. Parker, Edward M. Slaughter, Macy M. Chan, Michael A. Brown, Alex G. Taheri, Alice Sacks Johnston, Lilian M. Loh, Craig L. Hodgson, Robert A. Rich, Kevin E. Whelan, Samuel D. Jubelirer

On Jan. 2, 2015, plaintiff Steve Swasey, 71, a former automotive mechanic and seaman in the U.S. Navy, was diagnosed with pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Swasey previously served in the U.S. Navy on board the U.S.S. St. Clair County from 1962 to 1965, during which he also stood fire watch aboard the ship during a six-month fleet rehabilitation and modernization overhaul at Long Beach Naval Shipyard in 1964. Swasey then served in the Navy reserves from 1965 until 1968. After being discharged from the U.S. Navy, Swasey worked as an automotive mechanic from 1965 until his retirement in 2006. He was later diagnosed with pleural mesothelioma in January 2015. Swasey claimed that it was the exposure to chrysotile asbestos from automotive parts during his career as an automotive mechanic that led to his diagnosis of mesothelioma. Swasey sued Hennessy Industries Inc., AMMCO Tools Inc., I.B. Benedict Co., Maremont Corp., Nissan Motor Co. Ltd., Nissan North America Inc., and over 60 other companies. Swasey alleged that the defendants manufactured, sold, and/or distributed products that were defective. He also alleged that the defendants were negligent in their failure to warn of the dangers of working with products that contained asbestos. Several defendants were let out of the case, and the matter proceeded to trial against 13 defendants. Then several other defendants were voluntarily dismissed, were non-suited, or settled out during the trial. In addition, an insulation supplier to the Navy was let out on a directed verdict. Thus, the matter continued against only Hennessy Industries, AMMCO Tools, I.B. Benedict, Maremont Corp., Nissan Motor, and Nissan North America. Counsel for the remaining defendants contended that prior to Swasey becoming an automotive mechanic in 1965, he was an officer and mechanic in the U.S. Navy, where he worked below ship decks, among steam pipes and insulation. Thus, defense counsel argued that Swasey’s asbestos exposure occurred during his time with the Navy. Counsel further argued that any exposure that Swasey had to asbestos from the remaining defendants’ products would not have caused mesothelioma.

Swasey was diagnosed with pleural mesothelioma on Jan. 2, 2015. His lung condition is aggressive and incurable. Swasey’s wife, plaintiff Virginia Swasey, claimed that she was very ill and that her husband was her sole caretaker. Thus, she sought recovery for her loss of consortium. The Swaseys ultimately sought recovery of approximately $30 million in compensatory damages.

The jury found that Mr. Swasey was exposed to asbestos from the remaining defendants’ products, but that the products performed as safely as an ordinary consumer would have expected. It also found that the benefits of the remaining defendants’ manufactured products outweighed the risks. It further found that the remaining defendants were not negligent and that they did not fail to warn Mr. Swasey of the potential risks of the products they sold and/or manufactured. Thus, the jury rendered a defense verdict.

Judge:

Wynne S. Carvill

Trial Length:

7
 weeks

Trial Deliberations:

2.5
 days

Jury Vote:

10-2

Jury Composition:

11 male/ 1 female

This report is based on information that was provided by plaintiffs’ counsel, and defense counsel for Maremont Corp. and I.B. Benedict Co. Defense counsel for Nissan, Hennessy Industries and AMMCO Tools did not respond to the reporter’s phone calls. Counsel for the remaining defendants were not asked to contribute.