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Failure to warn of cement pipe asbestos hazards
October/November 2023John Metzger worked on a land surveying crew for the city of Newport Beach, Calif., from 1981 through the 2000s. He was exposed to a tremendous amount of asbestos dust when he was around workers using a power saw to cut asbestos cement pipe manufactured by J-M Manufacturing Co. and CertainTeed. At age 72, Metzger was diagnosed as having mesothelioma. Despite nine rounds of chemotherapy, he died of his disease the following year. He is survived by his wife, daughter, and two grandchildren.
Metzger’s wife, individually and as Metzger’s successor-in-interest, sued, among others, J-M Manufacturing Co. and George Dakovich & Son, Inc.—the contractor that installed the pipe—alleging negligence, failure to warn, and design defect.
The jury awarded over $8.8 million, finding J-M Manufacturing and George Dakovich each 27% at fault.
Citation: Metzger v. Ameron Int’l Corp., No. 19STCV27717 (Cal. Super. Ct. Los Angeles Cnty. June 26, 2023).
Plaintiff counsel: Patrick DeBlase, Los Angeles.
