Rubin Flores vs. Bondex International, Inc, et. al., Los Angeles Superior Court, Case No. BC 333511
Date of Trial: March 6, 2007 through April 3, 2007
Judge: Ricardo Torres, LASC Dept. 316
Trial Counsel:
• Gary Paul & Michael Armitage of Waters & Kraus for Plaintiff Rubin Flores
• John Brydon & Karleen Murphy of Brydon Hugo & Parker for Defendant Foster Wheeler, LLC
• Mark Sayre of Jackson & Wallace Defendant Kaiser Gypsum
• Steve Nichols of Walsworth, Franklin, Bevins & McCall for Bondex
• Michael Molland of Morgan Lewis for Yarway Corporation
• William Armstrong of Armstrong & Associates for Elementis Chemical
Pre-Trial Demands:
$ 2 million to Foster Wheeler
$ 2 million to Kaiser Gypsum
$ 2 million to Bondex
$ 3 million to Elementis
$ 2 million to Yarway
Settlement:
Prior to the start of trial, defendants Bondex, Crane Co, Elementis, Foster Wheeler, Genuine Parts Company, Georgia Pacific, Hamilton Materials, Kaiser Gypsum, Kelly Moore, Leslie Controls, National Auto Parts Association, Parker Hanifin, Pneumo Abex, RPM International, Sepco, TH Agriculture, Warren Pumps, Yarway Corporation and Union Carbide Corporation remained in the case. Defendant Leslie Controls settled on the day of opening statements and Kaiser Gypsum settled during trial. All other defendants outside of the four defendants taking the case to verdict settled the case prior to the start of trial.
Verdict:
The jury deliberated for less than one day and returned a defense verdict as to Foster Wheeler and each of the other remaining defendants. Jury Verdict form is attached.
Case Summary:
Plaintiff Rubin Flores claimed exposure to asbestos-containing materials and insulation from boilers aboard the USS Chipola that were supplied by Foster Wheeler. Plaintiff was a fireman and boiler mechanic in the United States Navy from 1961 to 1963 where he worked extensively around Foster Wheeler boilers and other equipment insulated with asbestos that were present in the fire room including gasket and packing materials. He later became a career carpenter claiming exposure to tape joint compound. In closing argument, plaintiff’s counsel asked the jury to award in excess of $14,000,000 and urged them to assess 20% responsibility to each of the two joint compound defendants with 11% responsibility each to Foster Wheeler, Yarway Corporation and the Navy.
Plaintiff’s Trial Witnesses:
Ruben Flores
Arnold Brody (Research Pathologist)
Capt. Francis Burger (Naval Expert)
John Templin (Industrial Hygienist )
Douglas Pohl, M.D. (Pathologist)
Defendants’ Trial Witnesses*:
William Hughson, M.D. (Pulmonologist; Epidemiologist)
Douglas Fowler (Industrial Hygienist)
Admiral Roger Horn (Naval Expert)
Frank Gomer (Warnngs Expert)
* The defense experts were called by co-defendants. Foster Wheeler elected to call no witnesses.
