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Foley & Mansfield Earns a Defense Verdict
in a San Francisco Asbestos Trial
San Francisco (September 11,
2007) – Attorneys
Gary
D. Sharp (Detroit) and
Jennifer McCormick (San Francisco) successfully defended Calaveras Asbestos,
Ltd. with the jury returning a defense verdict after a month-long trial in San
Francisco Superior Court. The Plaintiffs, family members of a 75-year-old
gentleman who died of mesothelioma, sued Calaveras for providing raw fiber to
the CertainTeed Corporation in the manufacture of asbestos cement pipe. The
allegations were that the decedent was exposed to the raw fiber as a result of
his work as a pipeline worker installing CertainTeed pipe in Southern
California. Plaintiffs’ counsel presented expert testimony that the Calaveras
fiber was the cause of the decedent’s cancer and that the decedent was an
ordinary consumer who did not appreciate the risks in the use of the product.
Calaveras countered with expert testimony that the fiber type mined in the
Calaveras mine did not cause the cancer and further that the decedent’s employer
had the duty to provide a safe work place. The jury agreed with Calaveras and
found that its conduct did not contribute to the decedent’s disease and also
found that the decedent knew of the inherent risks involved in working with the
asbestos cement pipe.
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