Asbestos, Personal Injury, Toxics, and Elder Abuse Cases

Brayton Purcell In the Courts: Trial Verdicts

Brayton Purcell attorneys are in court every day working for their clients. We strongly believe that a solid history of trial victories and experiences helps us provide the best representation for injury victims, seniors, and consumers.

Below are summaries of just a few of our trial court cases. You may access more detailed lists of verdicts by year: 2014201320122011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000, 1999, 1998, and 1995–1997.   You may also click on these selected attorney links to see their respective court result pages:   Gilbert Purcell, James Nevin, Anne Acuna, Jennifer Alesio, Chris Hersom, and Meredith Good.  We also have championed a wide variety of issues in appellate courts.

Mesothelioma

$13,227,939 Verdict for Retired San Francisco Electrician

A San Francisco jury found Kaiser Gypsum Company, Inc., a manufacturer of joint compounds, guilty of acting with oppression or malice by clear and convincing evidence and levied a $6,000,000 punitive damages verdict against defendant Kaiser Gypsum Company, Inc. ( Melvin Desin v. Defendant Kaiser Gypsum Company, Inc. , 2012 Case No. 275881, San Francisco Superior Court)

$1,979,228 Verdict for Retired Los Angeles Brickmason

A Los Angeles jury found against Kaiser Gypsum Company, Inc., a manufacturer of asbestos-containing joint compounds, deciding that their compounds were defectively designed and contained a failure to warn product defect. ( Vincent Monaco v. Kaiser Gypsum Company, Inc. , 2012 Case No. BC473091, Los Angeles Superior Court)

$41,273,421 Verdict for Retired Local #38 Plumber in San Francisco, California

A unanimous San Francisco jury found Kaiser Gypsum Company, Inc., a manufacturer of joint compounds and wallboard materials, guilty of acting with oppression or malice by clear and convincing evidence. ( John Casey and Patricia Casey v. Kaiser Gypsum Company, Inc., et al. , 2011 Case No. CGC–10–275517, San Francisco Superior Court)

Jury Renders $5.2 Million Verdict in Utah Peritoneal Mesothelioma Case

A jury in Salt Lake City, Utah found in favor of Vickie Warren, suffering from a rare case of peritoneal mesothelioma, in her products liability design defect and products liability failure to warn trial against Georgia–Pacific, LLP, Hamilton Materials, Inc., and Union Carbide Corporation. The asbestos products manufactured by the defendants were found to be the cause of her peritoneal mesothelioma. ( Vickie Warren v. Georgia Pacific; Hamilton Materials and Union Carbide Corporation , 2010 Case No. 070911933, Salt Lake City Third Judicial District Court)

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)

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)

San Francisco Jury finds Manufacturer Foster Wheeler LLC Negligent in Navy Veteran's Development of Mesothelioma

A jury awarded $2,039,519 in total damages to the family of Calvin Oxford, a former Navy boiler tender who developed mesothelioma from asbestos exposure during his Navy service in the 1960s.
( Judy Oxford, et al. vs. Foster Wheeler Corporation, et al. , 2008 No. 440328, San Francisco Superior Court)

Verdict of Over $18.5 Million for Aerospace Plastics Molder Suffering from Mesothelioma

A jury ruled in favor of a former plastics molder suffering from mesothelioma, assessing over $18.5 million in damages against a former asbestos mining and manufacturing company.
( David Bakkie v. Union Carbide Corporation , 2006 Case No. 445300, San Francisco Superior Court, California)

San Francisco Jury Finds Chrysotile Asbestos Causes Rare Peritoneal Mesothelioma

A jury awarded over $1.9 million to a 71–year–old retired sheet metal worker, Genaro Garcia, who developed peritoneal mesothelioma from his prior on–the–job exposure to asbestos.
( Genaro Garcia and Delia Garcia v. Duro Dyne Corporation and Holmes & Narver, Inc. , 2005, Case No. 418098, San Francisco Superior Court, California)

San Francisco Jury Awards $8,673,704 in Mesothelioma Case

A San Francisco jury awarded $8,673,704.74 to a 60 year old former United States Navy machinist and engineering officer suffering from terminal pleural mesothelioma caused by his service–related exposure to asbestos.
( Anthony Cadlo and Maxlyn Cadlo vs. John Crane Inc. and Metalclad Insulation Corp. , 2005, Case No. 412325, San Francisco Superior Court, California)

Jury Awards Over $2.9 Million to Electrician with Mesothelioma

A San Francisco jury awarded $2,999,543 to a 74–year old retired electrician who is terminally ill with pleural mesothelioma caused by occupational asbestos exposure. He worked with asbestos–containing phenolic plastic compounds and asbestos–containing parts on electrical equipment.
(Philip Hoeffer v. Rockwell Automation , 2003, Case No. 28817, San Francisco Superior Court, California)

San Francisco Jury Awards $33.7 Million To Former Navy Electrician

In what is believed to be the largest verdict ever in a California asbestos case, a San Francisco jury awarded a total of $33.7 million to a navy electrician and his wife. Mr. Todak, who suffers from mesothelioma, was awarded $22.7 million and his wife received $11 million for loss of consortium.
( Alfred Todak v. Foster Wheeler L.L.C. , 2002, San Francisco Superior Court, California)

Jury Awards Over $8 Million to Insulator

A jury returned a verdict of $8 million in favor of an insulator who contracted mesothelioma from work around boilers at a refinery.
(Alan Vasen v. Exxon Mobil Corporation , 2001, Case No. 312211, San Francisco Superior Court, California)

Los Angeles Jury Awards Over $4.4 Million to Dying Steamfitter

A steamfitter diagnosed with mesothelioma received over $4.4 million in damages. The defendant, John Crane, Inc., manufactured asbestos pump and valve packing and gaskets that the steamfitter used at a power plant during the 1950's and 1960's.
( James and Rose Efstratios v. John Crane, Inc. , 2001, Case No. BC226519, Los Angeles Superior Court, California)

Lung Cancer

Jury Awards $17.7 Million in Tobacco Lung Cancer Case to Widow of Retired Navy Captain

A jury unanimously agreed to award $17,736,700 to the widow of Captain William Major, U.S. Navy, Retired, against the only defendant in the case, Lorillard Tobacco Co. the jury  concluded that products made by Lorillard Tobacco Co. failed to meet the California consumer safety based risk-benefit test for design defect. (News Release)

Jury Awards $2.6 Million in Asbestos Lung Cancer Case to Family of Retired Local 396 Ironworker

A jury awarded $2,610,720 to the family of Douglas "Duke" Vanden Broek, a retired Local 378 ironworker, and was exposed to asbestos used by insulators at various locations. ( Anne Vanden Broek, et al. v. Plant Insulation Company , 2008 Case No. 436690, San Francisco Superior Court)

Machinist with Asbestos Lung Cancer Awarded Over $5 Million

An asbestos lung cancer victim who was employed as a Navy machinist and engineering officer was awarded over $5 million by a San Francisco jury. He had worked with asbestos gaskets and steam packing as well as with asbestos–containing marine valves during his career.
(Edward Jones v. John Crane Incorporated, et al, 2003, San Francisco Superior Court, California)

Large Oregon Verdict for Victim of Asbestos–Related Lung Disease

A jury awarded over $1.5 million in favor of a 71–year old Portland worker diagnosed with asbestos–related lung disease and non–Hodgkin's lymphoma. He had been exposed to asbestos–containing building products manufactured by Kaiser Gypsum.
(Robert Bush v. Kaiser Gypsum, 1999, Case No. 03–01863, Multnomah County Circuit Court, Oregon)

Other Asbestos Cancer

San Francisco Jury Awards $1,083,000 in Asbestos Cancer Case

A jury awarded $1,083,000 to Merle Sandy, a 60–year–old retired pipefitter suffering from asbestos pleural disease, asbestosis and colon cancer caused by his on–the–job exposure to asbestos.
( Merle Sandy v. Exxon Mobil Corporation , 2006, Case No. 324212, San Francisco Superior Court, California)

San Francisco Jury Delivers Verdict of $3.4 Million in Colon Cancer Asbestos Trial

A San Francisco jury delivered a plaintiff's verdict of over $3.4 million for Ralph Pierce, a 70–year old retired machine operator and supervisor suffering from colon cancer from his on–the–job exposure to asbestos products.
( Ralph Pierce v. Certainteed Corporation. , 2005, Case No. 408642, San Francisco Superior Court, California)

Colon Cancer/Lymphoma Victim Prevails in Washington Asbestos Case

A millwright who was exposed to asbestos–containing insulation at his job site contracted non–Hodgkins lymphoma and colon cancer. A Seattle jury returned a verdict of over $1.5 million against a leading pipe and boiler insulation contractor.
(Ray Sundberg v. ACandS, Inc. et al., 2001, Case No. 21756–0, King County Superior Court, Oregon)

Asbestosis

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. 274606, San Francisco Superior Court)

Asbestos Verdict of Over $868,000 for Family of Drywall Taper

A jury returned a verdict of over $868,000 in favor of the family of a drywall taper who died of asbestosis and asbestos pleural disease.
( Aline Ivance, Vicky Woolley, and Lindy Schluter v. Rich–Tex, Inc. , 2007 Case No. 419435, San Francisco Superior Court, California)

San Francisco Jury Awards Over $11.5 Million in Asbestos Case

A jury awarded over $1.1 million to a Navy veteran suffering from asbestosis and $400,000 to his wife for the loss of his companionship. The defendant, Asbestos Corporation Limited, acted with malice or oppression, according to the jury, which added another $10 million in punitive damages against the company.
( Joseph Garza and Mary Garza v. Asbestos Corporation Limited , 2006 Case No. 438144, San Francisco Superior Court, California)

Jury Awards $2.8 Million for Terminal Asbestosis

A San Francisco jury awarded Harold Phelps and his wife Neva $2.8 million in damages because of occupational exposure to asbestos.
( Harold Phelps v. Hamilton Materials, Inc. , 2005, Case No. 433734, San Francisco Superior Court, California)

Seattle Jury Delivers Plaintiff Verdict of $242,500 in Asbestosis Case

A Seattle jury awarded $242,500 to a paper mill worker suffering from asbestosis due to his exposure to asbestos in dryer felts.
( Ernest Coulter and Lerose Coulter v. ACandS, Inc. et al. , 2005, Case No. 01–2–34675–0SEA, King County Superior Court, WA)

San Francisco Jury Awards $1,250,000.00 in Asbestosis Case

A San Francisco jury unanimously awarded damages of $1,250,000.00 in favor of a retired pipefitter with asbestosis and pleural disease caused by his occupational exposure to asbestos.
( Geronia Quarles vs. Advocate Mines, Ltd. , 2005, Case No. 409170, San Francisco Superior Court, California)

Jury Awards Over $1.1 Million to Engineer with Asbestosis

A San Francisco jury awarded over $1.1 million to a stationary engineer suffering from asbestosis due to his exposure to asbestos. For 35 years, his job included maintaining laundry equipment. He replaced asbestos–containing binders, pads, and covers––items manufactured by the defendants.
( Asbestos Plaintiff v. American Laundry Machinery, Inc. , 2003, San Francisco Superior Court, California)

Breach of Contract

Brayton Purcell Wins Verdicts for Clients Against Center for Claims Resolution

The Center for Claims Resolution (CCR), a settlement organization comprised of former manufacturers of asbestos products, should not have sent the plaintiffs in asbestos cases checks for amounts that were less than what was agreed to in the original settlements. CCR had claimed that it was not liable for the shortages because they were due to the financial problems of its member companies.
( In re: Complex Asbestos Litigation: Patricia Anderegg, et al. v. Center for Claims Resolution , 2003, Case No. 828684, San Francisco Superior Court, California)

Personal Injury

Auto Injury Verdict is Largest Personal Injury Award in Utah

A Salt Lake City jury awarded $16.4 million to an 11 1/2 year old boy who suffered a traumatic brain injury that he received in a head–on automobile crash.
(Anthony Gallegos et al. v. Dick Simon Trucking, Inc. , 2001, Utah District Court, Salt Lake City, Utah)

Elder Abuse

Inadequate Pain Management Was Elder Abuse

In the first successful elder abuse case of its kind, a jury awarded $1.5 million to the family of a deceased man whose doctor had failed to provide him with adequate pain medication in the last days of his terminal cancer.
(Beverly Bergman et al. v. Wing Chin, M.D., Eden Medical Center, 2001, Case No. H205732–1, Alameda Superior Court, California)

Beryllium

Ceramics Engineer Compensated for Beryllium Exposure

A 37–year old ceramics engineer who was suffering from chronic beryllium disease obtained a $1.9 million jury verdict against the landlord of the facility where he was exposed to beryllium.
(Donald Polensky, et al. v. Kyocera International, 1993, Case No. 63–80–30, Orange County Superior Court, California)

Funeral Homes

Jury Returns Verdict of Over $750,000 for Mix–up of Stillborn Child's Cremated Remains

An Ohio jury returned a verdict of over $750,000 in favor of a young couple whose stillborn son's cremated remains were mixed with those of an adult.
( Tonya Leach and Edward Squire v. E.F. Boyd & Son Funeral Home et al. , 2006, Case No. CV 04 546335, Cuyahoga County Court of Common Pleas, Ohio)

Funeral Home Pays Damages for Mishandling Cremation

A jury assessed $1 million in total damages, the majority being punitive damages, for the funeral home's inexplicable loss of the cremated remains of Mrs. Conway's 90–year old husband.
(May L. Conway v. Gates, Kingsey & Gates, 1992, Case No. WEC 113827, Los Angeles Superior Court, California)

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