Case Style: Erwin Bergquist, et al v. General Motors Corporation, In the Superior Court of the State of California for the County of Los Angeles, No. BC 367766
Plaintiff(s): Erwin Bergquist and Janelle Bergquist
Defendant(s): General Motors Corporation
Verdict Date: Wednesday, November 14, 2007
Facts: Erwin Bergquist, a 75-year old California resident, suffers from malignant pleural mesothelioma, a fatal cancer caused by asbestos exposure. Mr. Bergquist was diagnosed with mesothelioma in March of 2006. Erwin Bergquist is a retired U.S. Navy engine technician who served from 1951-1954. During his three-year service he was regularly exposed to asbestos performing repairs and maintenance to General Motors Diesel Engines that contained asbestos gaskets and utilized asbestos insulation. Such duties exposed Mr. Bergquist to enormous amounts of asbestos dust.
“It is clear that the Jury recognized that General Motors was the primary cause of Mr. Bergquist’s cancer,” said David Greenstone, lead trial counsel for the Bergquist family. “I think that the Jury sent a clear message that General Motors cannot make profit decisions at the expense of peoples’ lives,” Mr. Greenstone stated.
The jury assessed 65% fault against Defendant General Motors.
This verdict was the second verdict obtained by Simon, Eddins and Greenstone, LLP against General Motors Corporation in a period of two weeks for causing mesothelioma in an individual working with General Motors Diesel Engines in the Navy. The other verdict was a sizable dollar verdict obtained on November 6, 2007 in the case of Ledford, et al v. General Motors Corporation, in the Superior Court, Los Angeles County, California, No. 360164.
Plaintiff attorneys: David Greenstone, Simon, Eddins & Greenstone, LLP, Dallas, Texas; Rob
Green, Simon, Eddins & Greenstone, LLP, Long Beach, California.
Defense attorneys: Eugene Brown, Jr. and Amee A. Mikacich, Filice Brown Eassa & McLeod
LLP, Oakland, CA
Judge: Honorable Jane Johnson, Dept. 56
Plaintiff experts: Eugene Mark, M.D. (pathologist); David Fractor, Ph.D. (economist); Steven
Paskal, MSH, JD, CIH (industrial hygienist); and William Lowell (navy expert).
Defense experts: Patrick Hessel (epidemiologist); William Hughson (pulmonologist); Sheldon
Rabinovitz (industrial hygienist); and Dennis Rushworth (navy expert).