
A multimillion-dollar jury verdict was reinstated by the California Supreme Court recently.
The court ruled in favor of the family of a deceased man who allegedly developed asbestos lung cancer as a result of working for a shipping company that transported cement piping that contained crocidolite, a very dangerous form of asbestos.
Asbestos Lung Cancer
Asbestos lung cancer is primarily discovered and diagnosed in late stages, making it very difficult to fight. It takes many years to develop, but once it has, it can spread to other organs in a matter of months.
When someone inhales asbestos fibers, the fibers become lodged in the lining of the lungs. Over time, the fibers can cause enough inflammation, scarring, and cellular damage to trigger tumor formation. The longer someone is exposed to asbestos, the greater the risk of developing asbestos lung cancer.
Asbestos Cancer Lawsuit
From 1969 to 1979, William B. Webb worked for the shipping company and inhaled asbestos dust for nearly a decade. Neither the company nor the cement piping manufacturer provided any warnings about asbestos exposure.
Thirty-two years after Webb stopped working for the Los Angeles County based shipping company, Webb was diagnosed with mesothelioma, a deadly form of asbestos lung cancer.
Asbestos exposure warnings were not provided until the 1980s, after Webb no longer worked for the company.
Webb died after he and his wife filed the asbestos lung cancer lawsuit.
Standard Electric Co., the asbestos supplier, and Johns-Manville Corp., the pipe manufacturer, are both listed as defendants in this case.
A jury awarded Webb’s family $5 million, but the trial judge overturned the verdict against the supplier, Standard Electric Co., stating that the manufacturer had the duty to warn consumers, not the supplier.
Warnings should be provided with dangerous products, the court stated, but they are not required when someone else in the distribution chain (such as the manufacturer) can be reasonably trusted to make those warnings available.
Justice Carol Corrigan said, “The record does not establish…that Special Electric actually and reasonably relied on Johns-Manville to warn end-users like William Webb about the dangers of asbestos.”
The attorney representing the family of Webb noted that the ruling provides “a very limited exception” for some suppliers and that the ruling is seen as a victory for consumers who have been exposed to asbestos and other harmful products.
The Asbestos Lung Cancer Lawsuit is Webb vs. Special Electric, Case No. S209927 in the Supreme Court of California.
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