Date: March 8, 2017

Foley & Mansfield Oakland Mounts Successful Asbestos Defense RODULFO PALACIO and ILUMINADA PALACIO, Plaintiffs, vs. BORGWARNER MORSE TEC LLC, et al.,Defendants. Los Angeles Superior Court, Case No. BC625159

by foleyandmansfield
Date: March 8, 2017
by foleyandmansfield

Foley & Mansfield Oakland Mounts Successful Asbestos Defense RODULFO PALACIO and ILUMINADA PALACIO, Plaintiffs, vs. BORGWARNER MORSE TEC LLC, et al.,Defendants. Los Angeles Superior Court, Case No. BC625159

Foley & Mansfield’s Oakland defense team, led by attorneys Douglas G. Wah, Khaled Taqi-Eddin, and Arturo E. Sandoval, mounted a successful defense in a recent month-long jury trial in Los Angeles Superior Court case alleging our client’s liability for plaintiff’s mesothelioma.  Foley & Mansfield represented Triple A Machine Shop, a California ship repair contractor and shipyard operator.

Plaintiffs Rodulfo and Iluminada Palacio alleged that Triple A Machine Shop exposed Mr. Palacio to asbestos, causing his mesothelioma. This allegedly occurred when Triple A was in his presence aboard the USS Tulare for three days out of his 19 year career in the US Navy. Mr. Palacio personally worked with asbestos-containing products throughout his enlistment in the Navy and worked in proximity to others who were doing the same. While plaintiffs’ witnesses Charles Ay, Dr. James Dahlgren, and Dr. Alan Smith attempted to establish liability against Triple A,  Triple A called Ret. Captain Margaret McCloskey and Kyle Dotson, CIH, in its defense.

After less than an hour of deliberations, the jury unanimously found in favor of Triple A, holding that they were not negligent in the manner in which they performed their work. Triple A also received a directed verdict in its favor regarding plaintiff’s punitive damages request and Strict Products Liability cause of action. Plaintiffs, represented by Weitz & Luxenberg, PC., had demanded over seven figures.  The Honorable Rupert A. Byrdsong presided.

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