Products Liability Law Reporter

Beginning in the mid-1970s, Norris Morgan worked as a supervisor at construction sites in southern California. For 20 years, he was exposed to asbestos while he oversaw workers cutting and beveling transite pipe sold by Johns Manville Manufacturing (J-MM). At age 64, he was diagnosed as having pleural mesothelioma, a condition for which he has received home hospice care.

Morgan and his wife sued J-MM, alleging that its transite pipe was unreasonably dangerous and led to Morgan’s mesothelioma. The plaintiffs also alleged the defendant failed to adequately warn about the hazards of asbestos and the release of asbestos fibers into the work environment. Suit claimed that the defendant chose to use asbestos in its pipes despite knowing the danger and despite having access to a safer alternative. The plaintiffs did not claim lost income or past medical expenses.

The jury awarded $30.2 million, including $15 million in punitive damages and $1 million to Morgan’s wife for loss of consortium. The jury found that the defendant was 45 percent liable for Morgan’s damages and that other nonparties had also exposed him to asbestos.

Citation: Morgan v. CBS Corp., No. BC 695605 (Cal. Super. Ct. Los Angeles Cnty. Nov. 15, 2018).

Plaintiff counsel: AAJ members Scott Peebles and Benjamin Goldstein, both of San Francisco; and AAJ members Robert Woodward and Timothy Thompson, both of Alton, Ill.

Comment: In Knecht v. Ford Motor Co., No. N14C-08-164ASB (Del. Super. Ct. New Castle Cnty. June 8, 2018), Larry Knecht worked as a mechanic for several decades. Through his work, he was exposed to asbestos-containing products—including brake pads, gaskets, and clutches—distributed by various parties, including the Ford Motor Co. Knecht, 73, was diagnosed as having mesothelioma and died of the disease within a year. He is survived by his wife and adult son. Knecht’s wife, individually and on behalf of his estate, sued Ford Motor Co., alleging that the defendant negligently failed to warn Knecht of the risks inherent in using the company’s products and that the products were defective because they lacked sufficient warnings. The jury also awarded the plaintiffs more than $40.6 million in compensatory damages, apportioning fault at 20 percent to the defendant and 30 percent to Knecht. The remaining percentages of fault were attributed to various nonparties, including General Motors and Chrysler. The jury also awarded the plaintiffs $1 million in punitive damages and found that Ford had acted maliciously. The plaintiffs’ counsel in this case were Ipek Medford, AAJ member Bartholomew Dalton, AAJ member Andrew Dalton, Adam Balick, Patrick Smith, and Michael Collins Smith, all of Wilmington, Del.; and Danny Kraft, New York City.