CALIFORNIA JURY REACHES DEFENSE VERDICT FOR 4 AUTOMOTIVE DEFENDANTS
SANTA BARBARA, Calif. -- On October 3, 2011, a California jury has reached a defense verdict for four automotive defendants, accepting their argument that the plaintiff's smoking habit caused his lung cancer, not his work with the defendant's asbestos-containing car products. Steiner v. Advance Auto Parts, et al., No. 1374169 (Calif. Super. Ct., Santa Barbara Cty.).
The California Superior Court for Santa Barbara County jury reached its verdict on Oct. 3 after six weeks of trial and approximately two hours of deliberations, sources said. Judge Thomas P. Anderle presided over the trial.
Pneumo-Abex Corp., Ford Motor Co., Nissan North America Inc. and Volkswagen Group of America Inc. were the remaining defendants at the time of the verdict, sources said.
Richard and Christie Steiner asserted the claims, contending that Richard was exposed to asbestos-containing brakes, clutches and gaskets while completing automotive work in a variety of settings for years. Richard Steiner said that this exposure, when it interacted synergistically with his smoking habit, was a substantial contributing factor in his development of lung cancer.
The defendants, however, argued during trial that Steiner's lung cancer was instead solely caused by his smoking. Sources told HarrisMartin that although the plaintiff had testified that he had quit smoking an independent investigation conducted in a separately-filed workers' compensation case proved otherwise.
Testifying on behalf of the defendants were I. Allan Feingold, M.D., pulmonology; Patrick Hessel, Ph.D., epidemiology; Victor Roggli, M.D., pathology; and J. David Godwin, M.D., radiology.
Testifying on behalf of the plaintiffs were Carl Brodkin, M.D., M.P.H., occupational medicine; Robert Cameron, M.D., thoracic surgery; Barry Castleman, Ph.D.; Robert Johnson, Ph.D., economist; Raymond Deutsch, M.D., addiction specialist; and Arnold Brody, M.D., Ph.D., biology.
Counsel for Pneumo-Abex was Kelvin Wyles of DeHay & Elliston in Los Angeles and Timothy Bouch of Leath Bouch.
Nissan North America was represented by Susan V. Vargas and John A. Eberlein of Bowman & Brooke in Los Angeles and Michael A. Brown of Miles & Stockbridge in Baltimore.
Ford Motor was represented by James J. Yukevich, Patricia E. Ball and Julia E. Romano of Yukevich, Calfo & Cavanaugh in Los Angeles.
Volkswagen Group of America was represented by Tara-Jane Flynn and Craig Winterman of Herzfeld & Rubin in Los Angeles and Charles Finberg of Herzfeld & Rubin's New York office.
The plaintiffs were represented by Simona Farrise of the Farrise Law Firm in Los Angeles; and Carla Minnard and Sharon Arkin.