March 17, 2014

Foley & Mansfield Attorneys Receive Favorable Defense Verdict in Mesothelioma Case

Gary D. Sharp and T. Eric Sun of Foley & Mansfield's Oakland office received a defense verdict on behalf of a manufacturing client after a three week trial in the Los Angeles Superior Court. The plaintiff, who suffers from mesothelioma, claimed his exposure to asbestos-containing gasket materials utilized in compressors that he installed and repaired as a refrigeration mechanic caused his disease. As there were no other alternative exposures which could be shown, the defense focused on the di minimus exposure to asbestos which occurs from the application or removal of gasket materials and argued that the disease was either idiopathic or resulted from exposures which were not known. The jury agreed with the defense and found the company not negligent and that the compressors were not defective. The jury also found that the benefits of the use of asbestos containing gasket materials outweighed any risk of harm that it may have caused.