Miller v. AW Chesterton Company

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