Smith v. ACandS, Inc.

August G. Smith (Smith) worked as a pipe fitter for 30 years, his work often exposing him to asbestos dust. Smith retired with good health in 1971 at the age of 67. Twenty years later, in 1991, Smith became ill and was diagnosed with the respiratory afflictions of asbestosis and asbestos-related pleural disease.

Smith and his wife, Marie, brought this action for damages against scores of asbestos manufacturers, asbestos installers, premises owners and others. Many defendants settled and trial proceeded with only two defendants. A jury returned a special verdict in favor of Smith and against ACandS, Inc. (ACandS), an asbestos insulation contractor, and Pacific Gas and Electric Company (PG&E), a utility company that built power plants using asbestos insulation.

The jury found ACandS and PG&E negligent and negligent per se for violating industry safety orders. ACandS was also held strictly liable for supplying asbestos products and PG&E held vicariously liable for hiring asbestos insulation contractors whose work created a peculiar risk of harm to others. Smith was awarded $590,100, including $400,000 in noneconomic damages. Apportioning fault for Smith’s injuries, the…