Whitlock

Plaintiffs and respondents Paul and Marguerite Whitlock (jointly the Whitlocks) sued defendant and appellant Foster Wheeler, LLC (Foster Wheeler), among others, asserting negligence, strict liability and loss of consortium for mesothelioma and other lung damage contracted by Paul Whitlock after his exposure to asbestos allegedly manufactured and distributed by Foster Wheeler. After a trial lasting 16 days, the jury deliberated for three days before returning a defense verdict in favor of Foster Wheeler. The Whitlocks moved for a new trial based on juror misconduct, which the trial court granted on that basis. Foster Wheeler appeals the trial court’s order granting a new trial on grounds of juror misconduct. (Code Civ. Proc., § 904.1, subd. (a)(4) [authorizing appeal from an order granting a new trial].)

Factual and Procedural Background

A. Pretrial and Trial Phases

The Whitlocks filed their complaint on February 3, 2006, naming Foster Wheeler (as well as a host of other manufacturers and distributors of asbestos) as defendant in their suit for damages arising from Paul Whitlock’s exposure to asbestos. In the complaint, Paul states he is dying from mesothelioma, a lung…