Complete Defense Verdict Victory For Edward Hugo And Shaghig Agopian

Posted on Thursday, 04 September 2014

TRIAL SUMMARY

Richard F. Moran III v. Foster Wheeler Energy Corporation
JCCP 4674
LASC Case # BC466180
Dept. I

Date of Trial: 8/19/14 - 9/4/14

Judge: Hon. H. Chester Horn


Trial Counsel:
- Tony Vieira, Esq. & Campbell Filmer, Esq. of Vieira Trial Law ("Plaintiff")
- David Rosen, Esq. of Rose, Klein & Marias ("Plaintiff")
- Edward R. Hugo, Esq. & Shaghig Agopian, Esq. of Hugo Parker ("Defendant")

Pre-Trial Demands/Offers:
Demand: $1,500,000
Offer: None

Verdict: Defense

Case Summary: Plaintiff was a career refractory salesman for Combustion Engineering, Kaiser Refractories, A.P. Green and Pryor Giggy from 1964 to the present. He claimed that more than 50% of the boilers and heaters that he sold refractories for, removed from and installed into were manufactured by Foster Wheeler Energy Corporation and that Foster Wheeler was a cause of his mesothelioma.

Plaintiffs' Trial Expert Witnesses:
Dr. Barry Horn - Pulmonology
Robert Johnson - Economics
John Templin - Industrial Hugiene

Defendants' Trial Expert Witnesses:
None

Jury Trial: Length, 14 days; Deliberation, 1 hour

Result: Complete defense verdict: the jury found that Mr. Moran was a "Sophisticated User" of the asbestos-containing refractory materials that he sold and was otherwise exposed to, thus negating the manufacturer's duty to plaintiff.

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