A California appeals court upheld the majority of the judgment against Crane Co.

Crane Co. tried to lessen the $1 million liability in an asbestos mesothelioma lawsuit that resulted in a jury’s $5.4 million judgment.

According to Crane Co.’s appeal, the lower courts inaccurately calculated settlement costs. The judges rejected many of the related arguments but did agree that there was an improperly applied settlement for one of the judgments.

Plaintiff James H. filed asbestos mesothelioma lawsuits aginst several companies, including Crane Co., for mesothelioma that he developed while exposed to asbestos decades before when he worked at the boiler business his grandfather owned.  Before the trial, the other companies settled with James, and Crane was the only company left.

At the conclusion of the jury trial in 2012, James was awarded $4.5 million of non-economic damages and nearly $1 million in economic damages. The majority of the liability was apportioned to Monterey Boiler Service, the business owned by James’ grandfather, at 75%, while Crane had 7% of the liability and the remaining 18% went to other defendants.

In 1992, the state appeals court used a method now referred to as the “Espinoza standard” to calculate how settlements made before judgment would reduce the amount of judgment to the remaining defendant. Both economic and non-economic damages are considered.

Half of the judgments were allocated for potential wrongful death claims as well. Crane appealed the wrongful death settlement claims and the use of the Espinoza standard in the case.

The appeals court found that the trial court properly used the Espinosa standard with respect to Crane Co.’s liability and they found that the wrongful death claim settlement was fair from the previous court rulings.

Due to the errors found on some calculations of the liability, the settlement amounts will be reconsidered in certain areas, but it may not end up reducing Crane Co.’s liability.

The Asbestos Mesothelioma Lawsuit is Case No. A140326, in the Court of Appeal of the State of California, 1st Appellate District.

Asbestos Mesothelioma

Mesothelioma is a cancer of found in the chest and abdominal cavities in the mesothelial cells that line these areas. The main cause of mesothelioma is the exposure to asbestos.

Asbestos is a naturally occurring mineral and is found concentrated in hill and mountain areas. Asbestos mines are a huge source of exposure, and while none are operating in the U.S. today, those living in close proximity to a mine are still exposed.

Most asbestos exposure, however, comes from contact in the workplace. Many homes contained asbestos decades ago, but asbestos does not cause problems unless the material containing the asbestos is disturbed. Remodeling old homes still poses a concern for asbestos exposure.

The small fibers of asbestos in the air cause harm when inhaled. In addition to mesothelioma, lung cancer and asbestosis, a severe breathing disorder are also related to asbestos exposure.

There is no cure for mesothelioma, and traditional cancer therapies such as surgery, radiation and chemotherapy are used in mesothelioma treatment.

Mesothelioma Lawsuit Information

If you or a loved one has suffered from mesothelioma, lung cancer, asbestosis or any other condition related to asbestos exposure, you may be entitled to a legal compensation. To discuss your situation confidentially with an attorney, please fill out the form to obtain a complimentary, no-risk evaluation.