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Taylor v. John Crane Inc.11/26/2003
CERTIFIED FOR PARTIAL PUBLICATION
Defendant John Crane Inc., appeals a jury verdict in favor of plaintiffs David Taylor (Taylor) and his wife Susan Taylor, based on Taylor's exposure to asbestos-containing products manufactured by defendant. Plaintiffs cross-appeal, contending the jury should not have allocated fault to the United States Navy in calculating defendant's proportionate share of fault. Finding no error, we affirm the judgment.
I. FACTUAL AND PROCEDURAL HISTORY
Taylor served in the Navy as a machinist mate from 1962 to 1971 and again from 1973 to 1976. He worked for the Union Pacific Railroad for approximately six months in the period between his Navy enlistments. He was in the naval reserve from 1976 through 1986. He stopped working in February 2001 because of ill health. He was diagnosed with mesothelioma and the same month was told his life expectancy was a matter of weeks or months.
A. Taylor's Work in the Navy
Taylor testified at trial that, among his other duties as a machinist mate on Navy submarines and surface ships, he performed maintenance on valves (which regulate the flow of steam and fluids through pipes) and flanges (the joints between pipe sections). His work on valves included removing and installing the asbestos-containing packing that was used as a sealant to prevent steam from leaking out of the valve. In doing this work, at times he had to brush debris from the packing gland and blow into the valve to remove the debris; some of the dust that was generated would blow back into his face. His work on flanges included installing and removing the spiral-wound and sheet gaskets that seal the pipe joints. During the course of this work, he had to remove debris from the flange, sometimes with a wire brush. Some of the valves and flanges were above his head as he worked, and debris fell on him. He cleaned up the debris by sweeping it up with a broom and dustpan. He did not wear protective gear during this work.
B. Defendant's Products
Defendant manufactures sealing devices, including valve packing. Some of its packing products contain asbestos. During the period 1963 to 1984, defendant sold both asbestos-containing and nonasbestos- containing packing to the Navy. During the same time period, defendant also sold asbestos-containing gasket material, which had been manufactured elsewhere but contained defendant's logo.
During Taylor's time in the Navy, he worked with defendant's products. The evidence at trial indicated that Taylor also worked with parts made by other manufacturers.
C. The Present Action
Taylor and his wife brought this action in San Francisco County Superior Court on April 5, 2001, naming John Crane Inc. (defendant), and multiple other defendants. Trial proceeded against defendant, and on December 14, 2001, the jury returned a special verdict in favor of plaintiffs. The jury found Taylor's economic damages to be $1,010,849, his non-economic damages to be $1,790,000, and Susan Taylor's non-economic damages to be $229,000. Defendant was found to be 31 percent responsible for plaintiffs' injuries; the Navy, which was not a party to the action, was found to be 16 percent responsible. The remainder of the responsibility was allocated to other entities that also were not parties to the trial.
Judgment was entered on December 20, 2001, and amended on December 24, 2001. Defendant moved for a new trial. The motion was denied on March 1, 2002. On March 4, 2002, defendant appealed the December 20, 2001, judgment and the December 24, 2001, amended judgment (appeal No. A098044). On March 26, plaintiffs cross-appealed to the extent the jud
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