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Lindenmayer Verdict

Robert L. Lindenmayer and Beverly Lindenmayer v. Allied Packing & Supply, Inc.

(RG09483370) Judge: Hon. Kenneth M. Burr
Alameda County Superior Court

TOPIC: Torts
SUB TOPIC: Product Liability

RESOLUTION: Resolved to the mutual satisfaction of the parties.

Plaintiff: Francis Fernandez, Leigh Kirmssé, Elina Agnoli (Kazan, McClain, Lyons, Greenwood & Harley, Oakland)

Defendant: Edward R. Hugo, Gregory S. Rosse, (Brydon Hugo & Parker, San Francisco, representing Foster Wheeler).

FACTS: Robert Lindenmayer is 67 years of age and is married to Beverly Lindenmayer. He was diagnosed with malignant mesothelioma in October of 2009. He developed the cancer as a result of inhaling asbestos fibers. Robert Lindenmayer enlisted in the Navy in June of 1964 and reported for duty aboard the USS America on September 8 as part of her pre-commissioning detaiL. The America was a brand new aircraft carrier; sea trials took place in November of 1964 and the ship was commissioned on January 23, 1965.

PLAINTIFFS’ CONTENTIONS: Eight Foster Wheeler boilers powered the USS America. Each of these boilers was insulated with amosite-containing asbestos block and asbestos accessory components such as refractory and cement. Sixteen hours a day for three years, Robert Lindenmayer worked in Engine Room No.2 in direct proximity to two of the boilers. The boilers exposed him to asbestos when they were opened, cleaned, maintained, and especially when they were “torn down” and “rebuilt,” a process which included removing and replacing the asbestos-containing block insulation and refractory materials from the inside of the boiler. Foster Wheeler never warned Mr. Lindenmayer, his shipmates, or anyone else about the danger of breathing asbestos fibers despite the fact that Foster Wheeler knew, or at the very least should have known, that its failure to warn would lead to injury and death.

DEFENDANTS’ CONTENTIONS: Defendant Foster Wheeler LLC denied all of plaintiffs’ contentions.

OTHER INFORMATION: On December 10,2009, Foster Wheeler removed this case to. Federal District Court for the Northern District of California alleging a federal-officer defense.. On January 14, 2010, the Honorable Thelton Henderson remanded the case to Alameda County Superior Court on condition that plaintiffs waive any claims against Foster Wheeler based on a design-defecttheory of liability, which plaintiffs did. The case proceeded to trial, which commenced on August 4, 2010.

RESULT; On August 18, 2010, shortly before plaintiffs were about to call their first witness, plaintiffs and Foster Wheeler resolved the case to their mutual satisfaction.

FILING DATE: November 5,2009.

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