Bankhead v. Allied Packing

VERDICT

Trial
11/02/10 – 01/06/11

Summary

In this automotive industry product liability proceeding, plaintiff Gordon Bankhead and Emily Bankhead alleged Pneumo Abex of being liable of manufacturing defective brake linings , due to which Gordon Bankhead, who worked as a parts man for service and repair of heavy duty vehicles, got exposed to asbestos and died from mesothelioma at age 68. According to the plaintiff, defendants Pneumo Abex, ArvinMeritor, Kelsey-Hayes (Fruehauf), Carlisle, and Rockwell sold a defective product, failed to warn about the dangers of the product, and chose not to deliver safe, non-asbestos-containing brakes because the asbestos-free brakes were more expensive to produce. Defendants claimed that the plaintiff's mesothelioma resulted from exposure to a different type of asbestos fibers that he was exposed to when he boarded the ships, not from the asbestos in their brakes.

The plaintiff was represented by attorney Joseph Satterley. The defendant in this case, Pneumo Abex was represented by attorney R. Thomas Radcliffe


The jury found in favor of the plaintiff, and awarded compensatory damages of approximately $4M, and punitive damages against ArvinMeritor and Pneumo Abex of $13.5M.

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Outcome

Medical Expenses: 265,000-Past, 200,000-Future
Lost Earnings: 12,000-Past, 993,000-Future
Non-Economic Damages: 1,500,000
Emily Bankhead's Damages for Loss: 1,000,000
Punitive Damages: 4,500,000- ArvinMeritor, 9,000,000-Pneumo Abex

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$17,470,000
Judge
Robert Freedman
Jurisdiction
Superior Court of California, Alameda County
Court
Rene C. Davidson Alameda Courthouse
Case Number
RG10502243
Industry
Automotive
Practice Area
Asbestos, Toxic Torts, Products Liability, Negligence
Plaintiff
Bankhead, Gordon
Defense
Pneumo Abex
Expert Witnesses
Lay Witnesses

Sessions

AM Session
Not in Session
0 Chapters
NOV
2
NOV
3
NOV
4
NOV
8
NOV
9
NOV
10
NOV
15
NOV
17
NOV
18
NOV
22
NOV
23
AM Session
Plaintiff Witness(es)
4 Chapters
NOV
29
NOV
30
DEC
1
DEC
2
DEC
6
DEC
8
DEC
9
DEC
13
DEC
14
AM Session
Defense Witness(es)
4 Chapters
DEC
15
AM Session
Closings
2 Chapters
DEC
16
PM Session
Other
2 Chapters
DEC
17
DEC
22
JAN
5
PM Session
Verdict - Damages
2 Chapters
JAN
6

Recording Disclaimer: This proceeding was recorded in full.

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