Parker and Rosse Win Defense Verdict in Wrongful Death Mesothelioma Trial

Posted on Wednesday, 28 October 2009

TRIAL SUMMARY  

Edith Fisher, et al. v. Foster Wheeler LLC, et al.; San Francisco County 
Superior Court, Case No. 828684  

Date of Trial: October 1, 2009 through October 28, 2009  

Judge: Hon. Gail Dekreon, SFSC Dept. 306  

Trial Counsel:
• Anthony Prince, Brayton Purcell (Novato, CA) 
for Plaintiffs Edith Fisher, et al.

• James C. Parker and Greg Rosse of HUGO PARKER, LLP
for Defendant Foster Wheeler LLC.


Pre-Trial Demands:
Plaintiff demanded $1,000,000 later reduced to $750,000.

Verdict:
Following three weeks of trial, the jury deliberated for one day and returned a complete defense verdict for Foster Wheeler LLC, finding 11-1 that there had been no exposure to any asbestos-containing product manufactured or supplied by Foster Wheeler.

Case Summary:
Decedent Warren Fisher was hired to work as supervisor at the Reid Gardner Power Plant in Moapa Valley, Nevada, located about 60 miles north of Las Vegas. He arrived in late 1964 or early 1965 just as the first of four boilers designed and manufactured by Foster Wheeler were being completed, and recalled observing the application to the boiler and of associated piping of asbestos-containing insulation. He worked at the plant until 1972, during which the second boiler was erected and insulated. In 2004, Fisher developed mesothelioma and died the following year. His widow and four sons sued a number of manufacturers and suppliers, all of whom except Foster Wheeler, settled before trial.

Plaintiffs’ Trial Witnesses:
David Schwartz, M.D. (Pulmonologist)
Richard Cohen, M.D. (State of the Art Expert)
Charles Ay (Insulation Expert)
Sam Hammar, M.D. (Pathologist)

Defendant’s Trial Witnesses:
None

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