Miller v. AW Chesterton Company

SETTLED

Trial
11/18/09 – 12/14/09

Summary

Testicular mesothelioma jury trial based on occupational asbestos exposure.

The plaintiff was born in 1930. Starting in 1954, he spent 33 years working for the Lindmore Irrigation District maintaining pipes, including replacing concrete pipes with asbestos-cement transite pipes, which mostly were manufactured by Johns-Mansville in Stockton, and mostly relied upon chrysotile asbestos from Advocate Mines and Calaveras Asbestos.

He was diagnosed in February, 2009, as terminally ill from malignant mesothelioma in the tunica vaginalis testes, which had spread to a lymph node.

According to Advocate Mines, tunica vaginalis testes mesothelioma is a classic idiopathic ailment. With only 100 cases in the world, there is not enough epidemiological evidence to establish that asbestos causes it. In addition, the defense asserted that chysotile fibers were the least harmful type of asbestos fiber, and did not cause the plaintiff's disease.

According to Calaveras, its products came with warnings. Further, Calaveras claimed that its products were not dangerous unless used in such a way as to create dust, and it could not monitor how the product was eventually used.

The case settled while the jury was deliberating.

View free video clips from the case:
Plaintiff's Opening Statement -- Clip 1
Plaintiff's Direct Examination -- Clip 2

Outcome

Settled

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Terry Green
Jurisdiction
Superior Court of California, Los Angeles
Court
Stanley Mosk Courthouse
Case Number
BC408791
Industry
Agriculture
Practice Area
Asbestos, Tort Law, Products Liability, Toxic Torts
Plaintiff
Miller, Ralph
Defense
A.W. Chesterton Company
Expert Witnesses
Lay Witnesses

Sessions

AM Session
Openings
1 Chapters
DescriptionAttorneyWitnessPresence
00:00:00General Case Activities
AM Session
Openings
1 Chapters
NOV
18
NOV
20
AM Session
Plaintiff Witness(es)
2 Chapters
NOV
23
AM Session
Plaintiff Witness(es)
3 Chapters
NOV
24
AM Session
Plaintiff Witness(es)
3 Chapters
NOV
25
AM Session
Plaintiff Witness(es)
3 Chapters
NOV
30
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
DEC
1
DEC
3
PM Session
Defense Witness(es)
1 Chapters
DEC
4
DEC
8
DEC
10
AM Session
Verdict
2 Chapters
DEC
14

Recording Disclaimer: This proceeding was recorded in full.

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