Gutierrez

A jury in the damage phase of a trial pertaining to asbestos-related injuries awarded plaintiff Frank Gutierrez (Gutierrez) damages of $97,240, including $37,240 as economic damages, for occupational exposure to asbestos at a cement manufacturing plant for which defendant Cassiar Mining Corporation (Cassiar) was the supplier of asbestos fiber. Cassiar appeals the judgment, raising three challenges to the economic damages under Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965 [ 25 Cal.Rptr.2d 550 , 863 P.2d 795 ] (Potter), and one against the entire judgment for the exclusion of a defense witness. We will reverse in part.

A brief overview is enough to frame the key issues. Gutierrez, age 46 at the time of trial, worked from 1970 to 1975 for the manufacturer Certain-Teed, at a plant in Santa Clara, where the exposure took place. The jury’s special verdict assigned percentages of comparative fault at 20 for Cassiar, 55 for CertainTeed, 2 for Gutierrez and 23 for “all others.” Gutierrez had not yet suffered serious disability or medical costs but had early signs of asbestos-related lung injury and sought, as economic damages, the costs of future medical monitoring.…