Cases In 2009

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Asbestos Cases in 2009

Below are summaries of our trials from 2009. To access more verdicts, choose a different year:

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. The new trial is pending.

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 Settled 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. & AstenJohnson, 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled 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 Settled In Between Jury Selection and Opening Statements: Excess of $90,000

January 2009