Richard Whittenburg and Shuiyu Hu Whittenburg v. John Crane Inc., et al.
Nov 10, 2015
OUTCOME: Plaintiffs dismissed HPTY’s client following opening statements and cross-examination of Plaintiffs’ expert industrial hygienist.
Court: Superior Court of California, County of Solano
Claire Weglarz, Ed Ulloa, and Mirna Scheffy tried this preference case on behalf of a manufacturer and distributor of packing materials.
Plaint...iffs were a 75 year old former machinist who worked at Mare Island Naval Shipyard in Vallejo, California, and his wife. They claimed that Plaintiff developed asbestos-related lung cancer as result of working with and around asbestos-containing materials. In particular, Plaintiffs argued that he worked with HPTY’s client’s products between 500 and 5,000 times.
Mesothelioma and asbestos
James Harkin v. John Crane Inc., et al.
Oct 07, 2015
OUTCOME: The jury declined this invitation finding in favor of both John Crane Inc. and Oscar E. Erickson, and returning a complete defense verdict.
Court: Superior Court of California, Alameda County
Following a six week jury trial before Judge Julia Spain in Department 705 of the Alameda County Superior Court, a 12 panel jury found in favor of J...ohn Crane Inc. on several asbestos-related product liability claims made by Plaintiff, James Harkin. John Crane Inc. was represented by Bill Fountain, Claire Weglarz, and Joseph R. Connelly III of Hawkins Parnell Thackston & Young LLP. Plaintiff was represented by Jennifer Alesio of Brayton Purcell. Defendant Oscar E. Erickson Incorporated was represented by Ingrid Campagne and Kurt Putnam of WFBM, LLC.
Plaintiff claimed his mesothelioma was caused by exposure to asbestos from valve packing manufactured by John Crane Inc., as well as from working in the presence of Oscar E. Erickson employees while they disturbed asbestos containing materials at one of several oil refineries where he worked. Plaintiff brought claims for product liability (product defect and failure to warn) and negligence. Plaintiff's case-in-chief consisted of six expert witnesses and spanned over four weeks. Plaintiff called Dr. Allan Smith, Dr. David Tarin, Dr. Arnold Brody, Dr. Richard Cohen, Dr. Barry Horn, and Mr. Christopher DePasquale, C.I.H. John Crane Inc. put on its defense in less than a week calling Dr. Victor Roggli and Mr. John Henshaw, C.I.H.
After deliberating for less than three hours, the jury never had to directly address the issue of medical causation. The jury overwhelmingly agreed with John Crane Inc. that the packing allegedly used by Mr. Harkin was not defective or dangerous, and that John Crane Inc. was not negligent in its manufacture and sale of valve packing. During closing arguments, Plaintiff's counsel used hypothetical scenarios to invite the jury to award hundreds of millions of dollars to Plaintiff.
Mesothelioma and asbestos
Parga v. Caterpillar Industrial, Inc., et al.
Apr 11, 2014
OUTCOME: Favored during jury selection.
Court: Superior Court of California, County of Los Angeles
Jason Irvin and Claire Weglarz started this mesothelioma trial on behalf of the lone remaining defendant, a national supplier of automotive c...omponents. The case was tried before the Honorable Patrick T. Madden in Long Beach, CA and was resolved favorably during jury selection.
Mesothelioma and asbestos
Schildknegt v. Air & Liquid Systems Corporation, et al.
Jan 17, 2014
OUTCOME: After about four hours of deliberation, the ten woman and two man jury returned a defense verdict for both defendants.
Court: Superior Court of California, County of Los Angeles
On January 17, 2014, HPTY received a defense verdict in Los Angeles county after an eight week trial for a client that manufactures fluid sea...ling devices. The plaintiff was a Missouri resident who had previously worked in California. He had pleural mesothelioma that he alleged was caused by asbestos exposure as a pipefitter at Todd Pacific Shipyard in Long Beach, Gulf Oil in Santa Fe Springs, and Unilever (Lever Bros) in Commerce. Although the plaintiff sued over 40 defendants, only two remained at the time of verdict.
Robert Thackston and Claire Weglarz tried the case for HPTY’s client. Robert took lead for both defendants in opening and closing arguments as well as with plaintiffs’ experts. The Hon. Patrick T. Madden presided over the trial in Long Beach. At the end of closing argument, plaintiffs’ counsel (Brent Zadorozny of Weitz & Luxenberg, P.C.) urged the jury to award $20 million in compensatory damages.
HPTY’s experts included Dr. James Crapo and John Henshaw, CIH. Plaintiffs’ experts included Dr. Arnold Brody, Dr. James Dahlgren, and Charlie Ay.
Mesothelioma and asbestos
Silas J. Minton, Jr. and Stacey L. Minton v. Borgwarner Morse Tec Inc., et al.
Jun 05, 2013
OUTCOME: After four weeks of trial, HPTY was able to resolve the matter favorably for the client. Ana Portillo and Taylor Giannasi also assisted in defending the case.
Court: Superior Court of California, County of Los Angeles
Ed Slaughter, Claire Weglarz and Michael Giaquinto tried this case on behalf of a national manufacturer and distributor of consumer products.... Plaintiffs, Silas and Stacey Minton filed this action in Los Angeles County California, alleging that Mr. Minton's mesothelioma was caused by the use of HPTY's client's product starting in the 1960s. On behalf of its client, HPTY conducted an in-depth investigation and was able to identify secondary exposures to thermal insulation from Mr. Minton's travel aboard World War II troop transport ships during his service in the Marines. HPTY was also able to uncover a fact witness who was deposed and refuted Mr. Minton's product identification testimony.
Lawsuits and disputes
Steven Burleson, et al. v. 3M Company, et al.
Nov 18, 2012
OUTCOME: Resolved favorably for client during jury selection.
Court: Superior Court of California, County of Los Angeles.
Mesothelioma and asbestos
Schott, et al. v. Alfa Laval, Inc., et al.
Apr 03, 2012
OUTCOME: Plaintiff was unable to prove causation.
Court: Los Angeles County Superior Court - Central District
Robert Thackston and Claire Weglarz tried a wrongful death mesothelioma case against Simon Greenstone Panatier Bartlett, PC before Judge Kev...in Brazile in Los Angeles Superior Court. The Decedent served as a machinist mate in the Navy for 23 years. Plaintiff was seeking both compensatory and punitive damages from HPTY’s client, a manufacturer of gasket and packing products.
Plaintiff called as expert witnesses Dr. Edwin Holstein, Dr. Eugene Mark, and Dr. David Fractor. HPTY called its expert Dr. Fred Toca during Plaintiff's case-in-chief because he was unavailable later in the trial. HPTY also presented its client’s corporate representative.
After two weeks of trial, the judge granted HPTY’s motion for directed verdict (nonsuit). The judge sustained HPTY's evidentiary objections to the admission of deposition testimony of the Decedent and a co-worker regarding HPTY’s client’s products. In sustaining the objections, the judge found that the Decedent's and co-worker's product identification testimony was conclusory and lacked foundation, and he therefore excluded it all. Thus, Plaintiff was unable to prove causation.
Mesothelioma and asbestos
William Patchen v. A.W. Chesterton, et al.
Mar 05, 2012
OUTCOME: Exposure to asbestos was insufficient to have caused the disease.
Court: Superior Court of California, County of Los Angeles
Jason Irvin and Claire Weglarz won a complete defense verdict on behalf of a national supplier of gaskets and packing in a lung cancer case p...ending in Los Angeles Superior Court. Plaintiff alleged exposure to asbestos from packing materials associated with his 30 years as a pump repairman for the Crescenta Valley Water District and the Los Angeles Department of Water & Power. Defendant presented expert testimony that Plaintiff’s extensive smoking history was solely responsible for his lung cancer and that Plaintiff’s cumulative exposure to asbestos was insufficient to have caused his disease. The case was tried over a 5-week period before the Honorable Malcolm Mackey. Dana Lisenby and Stephanie Bowlby assisted with the case.
Mesothelioma and asbestos
Keeney, et al. v. A.W. Chesterton Company, et al.
Jan 27, 2012
OUTCOME:
Court: Superior Court of California, County of Los Angeles
Robert Thackston and Claire Weglarz obtained a favorable verdict for their client in this personal injury mesothelioma case. Representing th...e sole remaining defendant, they tried the case from December 12, 2011 to January 6, 2012. The jury deliberated for 14 days and returned a verdict on January 27, 2012. The jury assigned only 12% liability to HPTY’s client; 5% liability was assigned to Plaintiff.
Mesothelioma and asbestos
Robert Niebauer, et al. v. 3M Company
N/A
OUTCOME: Resolved at trial.
Court: Superior Court of California, County of Los Angeles.
Toxic Tort & Environmental Litigation; Asbestosis.
