A San Francisco jury awarded over $2.8 million in damages to a carpenter with asbestosis, a painful scarring of the lungs caused by asbestos exposure.
(PRWEB) October 9, 2005 -- A San Francisco jury awarded Harold Phelps and his wife Neva over $2.8 million in damages because of Mr. Phelps' on-the-job exposure to asbestos (Harold and Neva Phelps v. Hamilton Materials, Inc, San Francisco Superior Court, Case #433734).
Mr. Phelps, who is 77 years old, suffers from terminal asbestosis, which is a painful scarring of the lungs. He is dependant on oxygen 24 hours a day. The Las Cruces, New Mexico, resident had to be driven to San Francisco for the trial because the airlines would not allow his liquid oxygen on board the plane.
Mr. Phelps worked as a mechanic, laborer and carpenter. He was likely first exposed to asbestos as a child when he delivered lunch to his father at work in a locomotive roundhouse. Mr. Phelps was later exposed to asbestos during his years in the U.S. Navy and the U.S. Army, while working in the construction industry, and while working as a mechanic replacing automotive brakes, clutches and engines.
At no time during his career was Mr. Phelps advised to wear any form of respiratory protection. Hamilton Materials, the defendant, manufactured asbestos drywall finishing materials that Mr. Phelps was exposed to during his work as a carpenter and laborer.
The trial lasted just over three weeks and was presided over by the Honorable James McBride. The jury deliberated for five days before finding Hamilton Materials liable. They determined that Hamilton Materials products were defectively designed, that the company had failed to provide adequate warnings, and that it wa negligent.
Christopher E. Andreas of Brayton Purcell represented Mr. Phelps. “The jury members were very touched by the Phelps' predicament,” Mr. Andreas commented. “The couple has been happily married for over 57 years. A number of jurors even went so far as to request the Phelps' address so that they could write to them. As one juror put it...‘this was one of the most unique and amazing experiences I have ever had.'”
About Brayton Purcell:
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestosis, mesothelioma and other asbestos diseases.
For more information, call 415-898-1555 or visit our firm web site at http://www.braytonlaw.com . For legal, legislative and medical news about mesothelioma and other asbestos diseases, see our specialty web sites, Asbestos Network at http://www.asbestosnetwork.com and Mesothelioma Network at http://www.mesotheliomasite.com
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