Plaintiff in $12 million meso verdict disputes ‘federal enclave’ defense

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Plaintiff in $12 million meso verdict disputes ‘federal enclave’ defense


May 17 (Westlaw Journals) – A man who won a $12.5 million verdict for his mesothelioma diagnosis disputes a defendant’s argument that it was entitled to a trial in federal, rather than state, court because the exposure may have happened on federal property.

Defendant Lone Star Industries says the trial court wrongly denied removal of the case to a federal court, even though the tortious activity allegedly took place in a federal enclave.

Plaintiff Charles Cundiff was a machinist mate from 1962 to 1966 aboard the USS Kitty Hawk. He said he inhaled massive amounts of asbestos particles while repairing and replacing valves and pumps in the ship’s engine rooms.

Cundiff was allegedly exposed to Lone Star’s asbestos-containing product when the Kitty Hawk underwent a nine-month overhaul at the Puget Sound Naval Shipyard in Bremerton, Wash.

He developed mesothelioma in 2008, and he and his wife later sued several companies in the Los Angeles Superior Court.

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