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Posted on Friday, Jun 25, 2010

Court Rules U.S. Navy Partially Responsible in Mesothelioma Case

After a California jury found 17 defendants liable for the death of Ulysses Collins, who died in 2005 from mesothelioma, a California appeals court has added the United States Navy to the list holding them responsible for a portion of the award.  Collins was exposed to asbestos and asbestos-containing products throughout his career as a welder at various shipyards.   Asbestos is a known carcinogen and is proven to cause mesothelioma.

The U.S. Navy, as well as the commercial maritime industry, made extensive use of asbestos and asbestos-containing materials in the construction and renovation of its ships.  Nearly 30 percent of all mesothelioma cases are veterans, with others exposed to asbestos in a military environment, such as contractors, making up a significant portion of cases.

Collins  worked as a welder at the Hunters Point Naval Shipyard from 1960 to 1973, as a boilermaker/welder at Standard Oil from 1973 to 1976, and finally, as a welder until 1994 at the Mare Island Naval Shipyard.

Plant Insulation Company, an insulation products distributor who also specializes in drywalls, and building/foam insulation and was at one time primary supplier of asbestos-containing thermal insulation in California, was held 20% liable in the case.  Plant brought the appeal “claiming the trial court erred in excluding the United States Navy from the list of entities as to which the jury could apportion “fault” pursuant to Proposition 51.”

The court found in favor of Plant stating “since the evidence was sufficient to support an apportionment of fault to the Navy, the error was prejudicial, requiring reversal of the judgment.”  As a result, a retrial to apportion the fault among the Navy and the other defendants will be held.

The court cited and reviewed California’s Proposition 51, the Federal Tort and Claims Act, which limits the liability of the government, and the fact that the Navy is immune from liability for plaintiffs’ asbestos claims, when considering their decision.