Soto

Secundino Medina died of asbestos-related mesothelioma. Medina’s estate, his daughters Patricia Soto, Yolanda Isaak, and Leticia Medina, and his great-grandson Eli Canett asserted claims for negligence, strict liability, and wrongful death against a host of defendants, alleging that their asbestos-laden products contributed to Medina’s mesothelioma. Their claims against defendant BorgWarner Morse TEC Inc. (BWMT), as successor-by-merger to Borg-Warner Corporation, proceeded to a bifurcated jury trial.

During the liability phase, the court granted BWMT’s motion for partial nonsuit as to Eli’s claims on the ground that Eli lacked standing to bring a wrongful death action under Code of Civil Procedure section 377.60, subdivision (c). The other plaintiffs’ claims moved forward, and the jury ultimately found that BWMT’s negligence was a substantial factor in causing Medina’s death and allocated 35 percent of the total fault to BWMT. By special verdict, the jury awarded economic damages of $60,000 to Medina’s estate and $130,455.70 to each of Medina’s daughters. The jury further awarded $2 million to each of Medina’s daughters for their noneconomic losses. After hearing…