David Markevitch
$12,958,461 jury verdict, affirmed on appeal
Wrongful death — mesothelioma from childhood asbestos exposure
A jury in Alameda County Superior Court, the Honorable Brad Seligman presiding, awarded $1,958,461 in economic damages and $11,000,000 in noneconomic damages to the widow and two children of a man who died of mesothelioma at 61. He had been exposed to asbestos as a child — visiting the sugar refinery where his father and grandfather worked, growing up in the company-owned town beside it, and helping his mother launder his father's contaminated work clothes.
The defense was that the danger of asbestos was not understood during the years of exposure and that the company had followed the law as it then stood. The jury rejected it, assigning the refinery's corporate successor one hundred percent of the fault and none to the four manufacturers whose asbestos products were used at the plant.
The Court of Appeal affirmed the judgment in its entirety and denied the defendant's petition for rehearing on November 21, 2019. No petition for review was filed with the California Supreme Court; the decision is final. Lopez v. The Hillshire Brands Co. (2019) 41 Cal.App.5th 679. In the published portion of its opinion, the court addressed for the first time a question California courts had left open: whether the asbestos causation standard of Judicial Council of California Civil Jury Instruction (CACI) No. 435 applies to a defendant who created the exposure but did not manufacture or supply the asbestos. It held that it does. The decision is now citable authority governing how causation is proved against premises owners and employers in asbestos cases throughout California.
Ranked fifth among all California wrongful death verdicts of 2017 by TopVerdict.com.
Verdict obtained by David Markevitch as co-trial counsel at Kaiser Gornick LLP, prior to founding Markevitch Law, P.C. Trial and appellate counsel for plaintiffs: Jeffrey A. Kaiser, Lawrence J. Gornick, and David Markevitch of Kaiser Gornick LLP; Sharon J. Arkin of The Arkin Law Firm.