Michael Drumke, a partner at Swanson, Martin & Bell, LLP, secured a defense verdict in a mesothelioma case.
A California jury has found by a vote of 9-3 in favor of American Honda Motor Company Inc., concluding that the plaintiff's alleged exposure to asbestos in the company's brakes was not a substantial factor in causing his mesothelioma. The Los Angeles Superior Court jury issued a defense verdict for Honda on all counts on February 20. Judge Michael Levanas presided over the expedited trial.
Jose Estrada alleged he developed malignant pleural mesothelioma after working at a Firestone tire store as a tire installer and mechanic and later as an assistant service manager from 1972 until his retirement in 2005. Estrada claimed that he worked on various brands of passenger automobiles and light trucks during his employment and that the tire store sometimes purchased Genuine Honda Part service part replacement brakes from local Honda automobile dealerships. Estrada also alleged that he worked alongside other mechanics at the tire store who were performing similar work in his presence. Estrada also served in the U.S. Air Force from 1972 to 1976 where he serviced environmental systems on heavy bombers that did not contain asbestos components. Estrada and his wife originally sued more than 25 defendants alleging exposure to asbestos in numerous makes and models of vehicles, but at the time of trial, American Honda was the only defendant left. During closing arguments, plaintiffs' counsel asked the jury for an award of more than $50 million in damages.
Through its experts and its corporate witness, American Honda argued that exposure to chrysotile asbestos fiber encapsulated in brake lining material is incapable of causing mesothelioma in mechanics. The company also disputed the time periods and the extent of Estrada's alleged exposure to asbestos in Honda products, and argued that the diagnosis of malignant mesothelioma was unconfirmed.
The Estrada plaintiffs each testified as fact witnesses at trial. Their counsel also called eight expert witnesses including cellular biologist Dr. Arnold Brody, PhD; pulmonologist Dr. Barry Horn, MD; industrial hygienist John Templin, CIH; state-of-art expert Dr. Gerald Markowitz, PhD; epidemiologist Dr. Allan Smith, MD.; economist James Mills; and two pathologists Dr. Brent Staggs, MD and Dr. Michael Fishbein, MD.
Defense experts were Kelly Scribner Tuttle, PhD (toxicology and industrial hygiene), Dominik Alexander, PhD (epidemiology), and Victor Roggli, MD (pulmonary pathology).
After less than one day of deliberations, the jury found by 9-3 that Estrada's alleged exposures to asbestos in Honda brand brakes distributed by American Honda both in and as service parts for Honda vehicles was not a substantial factor in causing his mesothelioma.
Counsel for plaintiffs were Jennifer Alesia and Gary DiMuzio of Simmons Hanly Conroy in San Francisco.
American Honda Motor Co. was represented at trial by Michael Drumke and Adam Doeringer of Swanson Martin & Bell in Chicago, John Eberlein and Heather Gaw of Segal Mccambridge Singer & Mahoney in San Francisco, and Emily Cuatto of Horvitz & Levy in Los Angeles.
Estrada v. American Honda Motor Company Inc, No. 24STCV15531 (Calif. Super. Ct., Los Angeles Cty.