News Brief

Wilson Elser Obtains Dismissal in Asbestos Case Following $3.0 Million Demand

November 8, 2013

Robert Engel (Of Counsel-San Francisco) recently obtained a dismissal, in exchange for a waiver of costs, in an asbestos case venued in San Francisco Superior Court. The settlement demand to the firm’s client was $3 million.

The plaintiff alleged he had malignant mesothelioma from exposure to asbestos-containing products during his career as a sheet-metal worker. His spouse sought loss of consortium damages. Wilson Elser represented a client that sold sealant and gasket tape that allegedly contained asbestos from which the plaintiff claimed asbestos exposure.

The plaintiffs' counsel identified a number of witnesses, including the plaintiff himself, who placed our client's products at the plaintiff's job sites. Wilson Elser vigorously cross-examined the witnesses at deposition, and retained experts who opined that the plaintiff could not have been exposed to any detectable amounts of airborne asbestos fibers from those products.

During mandatory settlement conferences, the Wilson Elser team held their ground that their client was not liable for the plaintiff's injuries and only offered to waive costs in exchange for a dismissal. Finally, on the eve of the trial, the plaintiffs' counsel acquiesced and agreed to the dismissal.

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