California Jury Awards $8 Million In
Kidney Cancer Case
SAN FRANCISCO - A San Francisco jury has awarded
$8 million to a
benzene plaintiff
who claimed that his 17 -year employment at SeaRiver
Maritime Inc. exposed him
to
benzene and other toxins, ultimately causing
his kidney cancer.
Shelby v. SeaRiver Maritime Inc., f/k/a Exxon Shipping Co.,
No. CJC-06-449350 (Calif. Super. Ct., San Francisco City.).
The California Superior Court for San Francisco County jury reached the
verdict
May 12
after deliberating for one day. Judge Martha Miller presided
over the two-week
trial.
SeaRiver, formerly known as Exxon Shipping Co.,
was the lone remaining defendant
at the time of the verdict, sources said.
Mack Shelby alleged that during his 17 years with SeaRiver he cleaned
tanks and
unloaded
cargo. Shelby contended that he was exposed to harmful
levels of benzene as a
result of his work.
The jury awarded Shelby $350,000 for lost future earnings; $1,125,00 for pain,
suffering,
mental anguish and loss of enjoyment of life in the past; and
$6,525,000 for
pain,
suffering, mental anguish and loss of future enjoyment of life.
Sources told HarrisMartin that jurors were asked whether SeaRiver failed
to
provide a safe
place to work and if this failure was the cause of Shelby's
kidney cancer and if
the vessel
that Shelby worked on was unseaworthy, did this
unseaworthiness cause Shelby's
kidney cancer.
The jury found that SeaRiver was negligent in failing to provide Shelby with
a
safe working
environment and that the work conditions ultimately caused
Shelby's kidney
cancer.
SeaRiver argued during trial that it complied with all safety requirements
relating to benzene
exposure and further that the levels Shelby was exposed
to could not have caused
his cancer.
Testifying on behalf of the plaintiff was Nelson Avery, M.D. of Galveston,
Texas.
Testifying on behalf of the defendant was Richard D. Irons, Ph.D. of Denver.
Prior to trial, the defendant unsuccessfully sought to have the testimony of Dr.
Avery
precluded, sources said.
The plaintiff was represented by Reed Morgan Offices of S. Reed Morgan in
Comfort, Texas;
and Lyle Cavin of the Law Offices of Lyle C. Cavin, Jr. in Oakland, California.
