Evans v. A.W. Chesterton, an asbestos mesothelioma case involving CertainTeed and the Los Angeles Department of Water & Power (DWP), is being heard before Hon. Judge Conrad Aragon in Los Angeles.
Rhoda Evans allegedly was exposed to asbestos, which resulted in mesothelioma, when she washed her husband's clothes. Her husband cut asbestos concrete pipes every day for the Los Angeles DWP, and as a result of this occupational exposure allegedly brought home asbestos dust and microscopic asbestos fibers on his clothes at the end of every work day for 20 years, starting in 1973.
Acccording to the plaintiff, the DWP did not know about the risk from asbestos, but the pipe supplier, CertainTeed, did know of the risk, but concealed that risk from the DWP to protect $40M in annual asbestos cement pipe revenue that would be lost if the DWP switched to safer, non-asbestos containing pipes.
The defense argued that the plaintiff's mesothelioma was idiopathic, and that CertainTeed acted responsibly, and took steps to minimize exposure by providing safety manuals to DWP, and that it was DWP that failed to ensure the safety of its employees.
A month before the trial, the plaintiff and the DWP reached a settlement, with the amounts due contingent upon the percent of fault the jury allocated to DWP, if any, including a minimum and maximum amount that DWP would pay.