Products Liability Law Reporter

Ervan Groves worked as a laborer for Masonite Corp., a manufacturer of interior doors and entry door systems. He worked at the company’s Ukiah, Calif., location from 1964 to 1999. During that time, contractor D.W. Nicholson Corp. installed mechanical, electrical, and piping equipment on more than 100 occasions. The work entailed the removal of asbestos-containing insulation, gaskets, and packing within Groves’s vicinity. In addition, Groves would regularly sweep up after D.W. Nicholson’s work was completed.

When he was 78, Groves was diagnosed as having malignant mesothelioma. His condition is aggressive and fatal.

Groves and his wife sued D.W. Nicholson, alleging it failed to protect Groves by erecting barriers to contain the asbestos dust released during the contractor’s work and also failed to clean up the mess created by the work. Additionally, the plaintiffs named boiler contractor 

J.T. Thorpe and Son, alleging that its workers also released asbestos dust into the air when coming to Masonite to perform work and that Groves was exposed to this dust while working at the facility.

J.T. Thorpe settled confidentially during trial. The jury awarded more than $3 million, apportioning liability at 70% to nonparty Masonite, 20% to D.W. Nicholson, and 10% to J.T. Thorpe. The award includes more than $555,400 in stipulated past economic damages, which include past medical expenses, and $800,000 to Groves’s wife for her loss of consortium. The parties reached a confidential postverdict settlement.

Citation: Groves v. ABB Inc., Nos. BC696443, JCCP4674 (Cal. Super. Ct. Los Angeles Cnty. May 9, 2019).

Plaintiff counsel: AAJ members Venus Burns and Michael T. Reid, both of Los Angeles.

Plaintiff experts: Barry Castleman, asbestos, Garrett Park, Md.; James Dahlgren, toxicology, Mountainview, Calif.; Charles Ay, asbestos, Trabuco Canyon, Calif.; and Kenneth Garza, industrial hygiene, San Antonio, Texas.

Comment: In Ward v. Illinois Cent. R.R. Co., 2019 WL 2223665 (Miss. May 23, 2019), Larry Seward, who worked for Illinois Central Railroad Co. for over 40 years, settled an asbestosis claim with the railroad in 2005. He then developed brain cancer and died of his disease. His personal representative sued Illinois Central on Seward’s behalf, alleging the defendant had breached its duty of care and failed to provide Seward with a safe place to work, including providing an environment free of hazardous conditions. The defense moved for summary judgment, arguing dismissal was warranted on the basis of the 2005 settlement and release. The trial court granted the motion. The Supreme Court of Mississippi affirmed. The court reasoned that the 2005 settlement released the railroad from liability for known and specific injuries and conditions—including those that may develop in the future—arising out of Seward’s alleged exposures while working for the railroad, including his asbestos-related illness and cancer.