Soto, Borg-Warner, Asbestos & Mesothelioma

ASBESTOS, MESOTHELIOMA, CANCERSoto, Borg-Warner, Asbestos & Mesothelioma: A case in the Court of Appeals California, Second District, Division Four ruled on an appeal of summary judgment.

The Soto, Borg-Warner, Asbestos & Mesothelioma case is about a man that worked at the General Motors plant in Van Nuys, California and alleged that he developed mesothelioma from exposure to asbestos (asbestos dust, asbestos fibers) while working at the auto manufacturing plant.  

A brief summary of the facts include:

  • December 2009, Medina was diagnosed with mesothelioma, a type of cancer usually caused by exposure to asbestos. Medina preserved his testimony in video-recorded depositions taken before his death on July 4, 2010.
    • Medina worked at a General Motors assembly plant in Van Nuys from 1959 to 1988.
    • From 1959 to 1975, he worked as a painter and painting supervisor in the “final process” or “final repair” portion of the 26-mile assembly line
    • From 1975 until his retirement in 1988, Medina worked as a security guard at the plant. As a security guard, Medina was assigned to walk around the plant, particularly after he became a supervisor in 1983.
    • Jury awarded economic damages of $60,000 to Medina’s estate and $130,455.70 to each of Medina’s daughters.
    • Jury awarded $2 million to each of Medina’s daughters for their noneconomic losses.
    • After hearing evidence of Borg Warner’s financial condition and Medina’s pain and suffering during the second phase of trial, the jury awarded Medina’s estate $32.5 million in punitive damages.

The court ruled:  Reversed the punitive damages award but Affirmed all us.  To find out more on the case, see Case No. 252995– August 20, 2015.

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