Products Liability Law Reporter

William Gaborko, a U.S. Navy veteran, owned an electric motor repair and rewind shop. He began working at the shop in the early 1960s and continued for more than 30 years. During this time, he was exposed to Emerson Electric Co.’s U.S. Electric Motors. While doing repair and rewind work on these motors, he was exposed to their internal parts, including asbestos slot insulation, phase insulation, and varnish. He developed aggressive mesothelioma and died of his disease at age 84. Gaborko is survived by his wife and three adult children.

His estate sued Emerson Electric Co., which owned the U.S. Electric Motors division, alleging negligence, failure to recall or retrofit its U.S. electric motors, strict products liability design defect, and failure to warn. The defense argued that Gaborko had been exposed to amosite asbestos in the Navy and that this was more dangerous than the chrysotile asbestos contained in the electric motors, although Emerson was unable to provide evidence of the fiber type used in its motors.

The jury awarded $40 million, finding the defendant was 65% at fault. The jury also found that Gaborko and his family business were each 12.5% responsible and that the U.S. Navy, a non-party, was 10% at fault.

Citation: Gaborko v. Emerson Electric Co., No. 19STCV35344 (Cal. Super. Ct. Los Angeles Cnty. Apr. 7, 2023).

Plaintiff counsel: AAJ member Venus Burns, Leonard Sandoval, and AAJ member Josiah Parker, all of Los Angeles.

Plaintiff expert: Jerome Spear, industrial hygiene, Magnolia, Texas.

Plaintiff expert: Christopher Herfel, naval shipyard operations, Hanover, Md.