Morton v. Owens-Corning Fiberglas Corporation

40 Cal. Rptr.2d 22 (1995)

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Nature of the Case

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Facts

From December 1959 to February 1961, Mr. Morton worked as a wireman, installing cable on board ships. Mr. Morton was in good health until October 1991, when he developed flu symptoms and chest pains. During the following months, Mr. Morton underwent various tests and, in May 1992, was diagnosed with mesothelioma. P sued D in strict liability. The trial court ordered that the trial be bifurcated. The damages phase was tried first, to the judge, who made separate findings for each type of damages Ps suffered. Mr. Morton died prior to completion of the trial. P used the consumer expectation test to prove D’s product was defective. D filed a motion for nonsuit in that the consumer expectation test was improper. The motion was denied. The jury found Mr. Morton was entitled to $37,000 for past medical expenses, $63,000 for future medical expenses, $43,703 for past lost wages, $1,090,467 for future loss of earning capacity, and $2 million for noneconomic damages. P was entitled to $250,000 for the loss of her husband's consortium. D was found liable for 12 percent of the damages.