Walmach, et. al. v. Aqua-Chem, et. al.
Case Summary
60-year-old Richard Walmach was a career machinist mate who died of malignant pleural mesothelioma in June 2006. Although Walmach did not work directly on boilers and steam generators, he was often present while the asbestos insulation was chiseled away from the units being repaired. Thus, he breathed asbestos particles almost daily over a 37-year career. The jury rejected the defense case that Walmach’s exposure to Foster Wheeler’s products was completely unrelated to his eventual illness and death. Walmach’s testimony was offered posthumously via video deposition.
Verdict
May 23, 2007
$5.2M total award, including $2.0M in punitive damages
$3.2M award for damages
$950.9k in economic damages
$1.5M to widow for loss of consortium
$350k to each of two adult daughters for loss of consortium
Foster Wheeler assessed 30% liability
An appeal filed by Foster Wheeler is currently pending
Significance
Plaintiff’s victory in a Navy asbestos exposure case
Defense counsel claimed that Foster Wheeler had never before been found to have acted with malice
Substantial damages awarded to adult children
Case Information
Walmach, et. al. v. Aqua-Chem, et. al.
Cause No. BC336186
Trial length 6 weeks Deliberation 3 days
Jurisdiction
Los Angeles County, Calif., Superior Court, Dept. 64
Hon. Kenneth R. Freeman, presiding
Plaintiff’s Experts (live testimony)
Arnold Brody, M.D., cell biologist
Samuel Hammar, M.D., pathologist
Kenneth Cohen, C.I.H, industrial hygienist
Defense Experts (live testimony)
Samuel Forman, M.D., U.S. Navy expert
Plaintiff’s Counsel
Waters Kraus Paul & Siegel, LLP, Los Angeles, California
Sean Tracey (lead)
Kevin Loew
C. Andrew Waters
Mike Armitage
John S. Janofsky
Defense Counsel
Brydon, Hugo & Parker, LLP, San Francisco, California
John R. Brydon, Charles S. Park
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.
