Jenkins
Jenkins v. T & N PLC
Opinion
Opinion
Woods, J.
Defendant T&N PLC filed an appeal from a judgment on a special verdict in favor of plaintiffs, awarding plaintiff Milton Jenkins $1,109,740 and plaintiff Maxine Jenkins $743,750. Defendant also appealed the trial court’s order taking off calendar its motion to amend the judgment as to plaintiffs’ settlement with defendant Fibreboard Corporation. Plaintiffs cross-appealed the trial court’s application of Proposition 51.
Factual Background
Plaintiff Milton Jenkins was exposed to asbestos dust while working for St. Louis Southwestern Railroad as a yard clerk in 1942, 1946, and 1947, and while working on asbestos-containing pipe insulation when serving in the United States Navy from 1943 through 1945 and from 1951 through 1952.
No one warned Mr. Jenkins that being around asbestos dust might be hazardous to his health. Mr. Jenkins thought he worked safely with asbestos products.
Mr. Jenkins recalled that the logo on the boxes of pipe insulation that he worked with in the military, depicted a “very prominent” “kitty-cat.” This logo was used by Keasbey & Mattison, a wholly owned subsidiary corporation of T&N which dissolved in 1962.