Placeholder canvas
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

Placeholder canvas

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.

Foley & Mansfield Logo

Amended FRE 702 Creates Path for Expert Challenges in Talc Litigation

A recent update to the federal rules governing the use of expert testimony/evidence in federal court will widely impact how scientific and medical evidence is presented to juries in federal matters, including talcum powder litigation. With the change to Rule 702 of the Federal Rules of Evidence (“FRE 702”), defendants […]

LEARN MORE

Summarizing “ILR Briefly: The Asbestos Over-Naming and Trust Transparency Problem: A Philadelphia Case Study”

Introduction Asbestos litigation has become a cornerstone of the American legal landscape, spanning over four decades, and involving more than a million individual personal injury claims across state and federal courts. In 2012, a commentary titled “The Philadelphia Story: Asbestos Litigation, Bankruptcy Trusts, and Changes in Exposure Allegations from 1991-2010” […]

LEARN MORE

Minnesota Legislature Seeks to Change Newly Effective Earned Safe and Sick Time Law

By now, employers should be familiar with and implementing (if applicable) Minnesota’s Earned Safe and Sick Time law (“ESST”) that took effect on January 1, 2024. ESST is paid leave that an employee may use when they or a family member are sick, need to see a doctor or medical […]

LEARN MORE