Behshid v. Bondex International et. al.
Case Facts – Jury Trial
Case Summary
A 71-year-old Ph.D. and former banker remodeled 12-15 personal and investment homes during the 1960-70s. He worked with joint compound, inhaling the asbestos dust produced during mixing/sanding. The product contained no warnings; he did not wear protective gear. Diagnosed with malignant mesothelioma in December 2004, he was too ill to testify or be deposed. Family members who helped him with the remodels testified instead.
Verdict
June 22, 2006
$12.6M award for economic damages
$12.0M to plaintiff for pain and suffering
$ 0.6M to plaintiff for medical expenses
20% liability assessed to Bondex
Jury not allowed to consider punitive damages
Significance
Plaintiff was not a laborer by trade
Jurors accepted the testimony of family members alone as evidence of product ID
Case Information
Behshid v. Bondex International et. al.
Cause No. BC343104
Trial length 13 days Deliberation 1.5 days
Jurisdiction
Los Angeles County, Calif., Superior Court
Hon. Ricardo A. Torres, presiding
Plaintiff’s Experts
Arnold Brody, M.D., cell biologist, Tulane Univ.
Edwin Holstein, M.D., occupational medicine, Environmental Health Associates, P.A.
Robert Cameron, M.D., thoracic surgeon, UCLA
Defense Experts
William Hughson, corporate industrial hygienist
Plaintiff’s Counsel
Waters Kraus Paul & Siegel, LLP (Los Angeles)
C. Andrew Waters
Gary M. Paul
Michael L. Armitage
Dimitri N. Nichols
Defense Counsel
Walsworth, Franklin, Bevins & McCall, LLP
Stephen M. Nichols (lead for Bondex)
Karen P. Agelson (lead for Dowman)
Eileen Spadoni (Dowman)
Case Facts – Appeal
Ruling
August 11, 2008
Original judgment upheld; opinion by Aldrich, J; Croskey, Acting P.J., and Kitching, J., concurred.
Bondex International, Inc.’s Petition to appeal is still pending in California Supreme Court
Case Information
Behshid v. Bondex International et. al.
Cause No. B194789
Jurisdiction
Court of Appeal of State of California, Second Appellate District, Division Three
Plaintiff/Respondent’s Counsel
Waters Kraus Paul & Siegel, LLP
Paul C. Cook
Michael B. Gurien
Defense/Appellant Counsel (Bondex)
Walsworth, Franklin, Bevins & McCall, LLP
Stephen M. Nichols
Eileen Spadoni
Horvits & Levy
Curt Cutting
Julie L.Woods
Disclaimer – Results obtained depend on the facts of each case. Award amounts are not actual cash amounts received by plaintiffs. Deductions are made for liens, attorney fees and expenses.
