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Horowitz v. Raybestos-Manhattan, Inc.

(Personal Injury CA Superior Ct. 1995 Pltf Paid) Micronite Filter case Related Cases: Horowitz v. Superior Court San Francisco

This individual personal injury suit was brought by Milton J. Horowitz, Ph.D., and Shirley Horowitz against Raybestos-Manhattan, Lorillard and Hollingsworth & Vose on December 8, 1995.
The plaintiffs alleged that the Crocodilite asbestos used in the Micronite filter in Kent cigarettes caused Milton Horowitz's mesothelioma. They alleged that the defendants held Kent cigarettes out as health protection when they knew the health risks of asbestos. They knew that the asbestos came out of the filter when smoked. The plaintiffs claimed product liability through defective design and failure to warn, fraud, misrepresentation and acting in conscious disregard of public health and safety. The plaintiffs sought damages for $240,000 in lost income as a psychotherapist, $150,000 in medical expenses, pain and suffering, emotional distress, loss of enjoyment, and punitive damages for the conscious disregard of public health and safety and for fraud.
The defendants argued that asbestos was considered a safe material in the 1950s when it was used in Kent cigarettes except in prolonged occupational exposure. They argued that a number of medical journals and magazines had published that the filters contained asbestos; it was not a secret. The change in filters was attributed solely to poor market performance. They argued that Horowitz only smoked Kents after the asbestos had been removed and that his mesothelioma was caused by some other exposure to asbestos. Also, they argued that the Kent cigarettes did not release sufficient asbestos to cause harm to Horowitz.
The case was heard in the Superior Court of the State of California in and for the City and County of San Francisco, Department X-5 (No. 965245), before the Honorable Winton McKibben, Judge pro tem. The jury returned a verdict for the plaintiff consisting of $1.3 million in compensatory and $700,000 in punitive damages. The judge issued a final judgment on November 9, 1995.
The Callifornia Court of Appeal, First District (A072695) affirmed the judgment in full on August 12, 1997.
The California Supreme Court (S064550) denied petition for review on November 12, 1997.
The plaintiff was paid $3 million including interest.