TRIAL SUMMARY

Jeanette Brady v. Pneumo Abex, LLC.: Alameda County
Superior Court, Case No. RG09468095

Date of Trial: September 10, 2010 through October 05, 2010

Judge: Hon. Evicio M. Grillo, ASC Dept. 510

Trial Counsel:

• Deborah Schweizer of Clapper, Patti, Schweizer & Mason law firm for
   Plaintiff Jeanette Brady

• John R. Brydon of Brydon Hugo & Parker for
   Defendant Pneumo Abex LLC.


Verdict:
An Alameda County Jury returned a 12-0 complete Defense Verdict.

Case Summary:
Following a 4-week trial in which the plaintiff (a 60 year old woman) claimed she contracted peritoneal mesothelioma from asbestos brought home on her former husband's work clothes, an Alameda County jury returned a 12-0 defense verdict. Plaintiff's only exposure to asbestos was from her ex-husbands grinding of brake linings while working for approximately 18 months at an auto parts store near Fresno, California in the early 1970s. John Brydon represented the manufacturer of the asbestos containing brake linings used at the part store. Brydon convinced the jury that although the disease mesothelioma is generally considered a signal tumor caused by exposure to asbestos, the more rare form of peritoneal mesothelioma (a fatal cancer of the abdominal lining), especially in woman, does not have the same strong association. Because of the tenuous nature of the claimed exposure, the type of asbestos used in brakes and the fact that 75%-95% of such tumors are not found to be related to exposure to asbestos, the jury concluded that plaintiff did not have an asbestos related disease. The undisputed economic damages in the case were in excess of $2.4 million and plaintiff was also suing for punitive damages.

JURY TRIAL: Length, 20 days; Deliberation, 1.5 days

RESULT: The jury rendered a complete (12-0) defense verdict in favor of Pneumo Abex LLC.