Turner v. Chevron

VERDICT

Trial
01/10/08 – 02/13/08

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Summary

Retrial of a wrongful death action against Chevron based on exposure to the herbicide Paraquat betweeen 1973 and 1979. The decedent was a CalTrans landscape maintenance officer who sprayed Paraquat as part of his job, and died of pulmonary fibrosis (scarring of the lungs). The decedent sprayed Paraquat on numerous occasions over a number of years. His primary exposure was dermal (skin contact).

The plaintiff argued that Paraquat is so toxic that one teaspoon was a lethal dose for humans, and that one one-trilliionth of a gram causes scarred lungs in rats. According to the plaintiff, more people have died from Paraquat than from any other herbicide, and no other herbicide causes pulmonary fibrosis. The plaintiff argued that Chevron failed to disclose known risk of chronic latent disease resulting from Paraquat exposure, and that safer alternative herbicides existed.

The defense argued that no person ever died from Paraquat exposure, and the decedent was exposed to a toxicologically insignificant dose. Also, the alleged lung scarring would not have manifested itself only 20 years later. Instead, according to the defense, the decedent's pulmonary fibrosis resulted from aspiration of stomach acid as a result of the decedent's gastrointestinal disorders.

On February 22, 2008, jury returned a defense verdict finding that Paraquat was not a substantial factor in causing plaintiff's illness or death.

Outcome

Jury found for the defense.

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Wendell Mortimer
Jurisdiction
Superior Court of California, Los Angeles
Court
Central Civil West Courthouse
Case Number
BC256293
Industry
Chemical
Practice Area
Products Liability, Agriculture Law, Tort Law, Toxic Torts, Environmental Law
Plaintiff
Turner, Norman & Barbara
Defense
Chevron Corp.
Expert Witnesses
Lay Witnesses

Sessions

JAN
10
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
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JAN
11
JAN
14
JAN
15
JAN
16
JAN
17
AM Session
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PM Session
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JAN
18
JAN
22
JAN
23
JAN
24
AM Session
Not in Session
0 Chapters
PM Session
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0 Chapters
JAN
25
PM Session
Other
1 Chapters
JAN
28
JAN
29
JAN
30
JAN
31
AM Session
Not in Session
0 Chapters
PM Session
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0 Chapters
FEB
1
FEB
4
FEB
5
FEB
6
PM Session
Not in Session
0 Chapters
FEB
7
AM Session
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PM Session
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0 Chapters
FEB
8
FEB
11
AM Session
Other
3 Chapters
PM Session
Not in Session
0 Chapters
FEB
13

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