Tort Reform in the Courts Gains a Victory on the Key Issue of Joint and Several Liability

Edward Hugo

Recently, San Francisco defense attorney Edward Hugo  was successful in persuading Superior Court Judge Stephen Allen Dombrink to give an instruction to the jury that would explain, in plain English, the effect of joint and several liability.  The defendant's client, Dentsply International, played no role or at the very least was not a substantial factor with respect to the plaintiff's allegation that her decedent died from a disease relating to asbestos exposure.  The jury was told that under California law, any finding of a proportionate share of liability for economic (out-of-pocket) damages would result in defendant being responsible for the full amount of those damages.  The jury found for the defendant.

There is no way of knowing with certainty whether this instruction influenced the jury's decision, but to the best of our knowledge, this is the first clear time such an instruction was given in California cases.

The plaintiff's lawyer, Cheryl White, now must make a decision as to whether to appeal Judge Harris's decision.  On the one hand, it may be a good issue for appeal as it is a new ruling under California law.  On the other hand, if the Supreme Court of California were to agree with Judge Dombrink, what was the ruling in one case would become the law of California.

In any case, the advocacy of defense attorney Edward Hugo and the responsiveness of Judge Harris shows the effectiveness of Tort Reform in the Courts and arguments made for a fully informed jury, Steven B. Hantler, Victor E. Schwartz, Cary Silverman & Emily J. Laird, Moving toward the Fully Informed Jury, 3 GEO. J.L. & PUB. POL’Y 21 (2005), that can be duplicated in appropriate forums in courts throughout the country.

EDWARD R. HUGO is a trial attorney and partner of Brydon Hugo & Parker, a California law firm with offices in San Francisco, Mill Valley and Los Angeles. Mr. Hugo specializes in the defense of products liability, toxic tort and environmental actions, with an emphasis on asbestos and silica personal injury, wrongful death and property damage cases. He gained his initial trial experience as a criminal prosecutor with the San Francisco District Attorney’s office. He left that office as a senior trial attorney after trying more than 115 cases (he was undefeated in all Superior Court jury and bench trials). Since then, he has gained extensive first chair asbestos trial experience representing “target” defendants. He has tried to defense verdict cases involving all of the alleged asbestos-related diseases, including mesothelioma, lung cancer, other cancer, asbestosis and pleural disease.
 

Mr. Hugo serves as National Trial Counsel, National Coordinating Counsel, Regional Counsel and Local Counsel for clients ranging from Fortune 100 companies to neighborhood hardware stores sued in their first case. He is a member of the California, Hawaii and Colorado bars, is admitted Pro Hac Vice in Oregon and Utah and is a “Board Certified Civil Trial Advocate,” National Board of Trial Advocacy, and Certified Civil Trial Specialist, State Bar of California.