Winsow v Metalclad Insulation Corp.
Date: March 2, 1995
RESULT: A jury found damages of $315,000 and found plaintiff 30% at fault, Metalclad 15% at fault, and all others 55% at fault. The award consisted of $250,000 economic damages; $25,000 non-economic damages, and $40,000 loss of consortium.
STATE: California
SUMMARY: Robert Winsow, a 67-year-old retired welder, worked from 1967-1968 at the Mare Island Naval Shipyard. From 1968-1972 he worked intermittently on building the Guitarro, a nuclear submarine.
Metalclad a distributor of Unibestos insulation, sold a large shipment of Unibestos to Mare Island Naval Shipyard in 1970 for use in the construction of four submarines including the Guitarro. Plaintiff was exposed to Metalclad's insulation during the performance of his welding on the Guitarro.
Plaintiff was diagnosed with lung cancer in April, 1994. He smoked 1/2 to 1 pack of cigarettes per day from 1947-1988.
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