Michael B. Burch and Cindy Burch v. CertainTeed Corporation, et al.
- Case Type
- Asbestos Litigation
- Case Name
- Alameda County Superior Court
- Justin Bosl and Arcelia Hurtado
- Verdict Details Oakland, CA (March 03, 2017) On Friday, February 24, 2017, an Alameda County jury awarded a $10 million mesothelioma verdict to Michael and Cindy Burch, represented by the Oakland law firm Kazan McClain Satterley & Greenwood, in a personal injury case against defendant CertainTeed Corporation. Michael Burch, 65, was diagnosed with pleural mesothelioma in May of 2016. Cindy Burch is his wife of 46 years. The jury in Michael B. Burch and Cindy Burch v. CertainTeed Corporation, et al. (Case No. RG16819332, Alameda County Superior Court) found that the asbestos cement (AC) pipe manufactured by CertainTeed was defective, and the Company knew the health risks of its product but failed to warn of those risks, fraudulently misrepresented, and intentionally concealed the health risks.
- About the Mesothelioma Verdict
Attorneys Justin Bosl and Arcelia Hurtado of Kazan Law represented the Burch family in the seven-week jury trial in the Superior Court of California, County of Alameda. After the jury rendered its mesothelioma verdict, Bosl stated, “CertainTeed misrepresented and concealed the health risks of handling and working with its AC pipe. As a result, Michael Burch was exposed to asbestos while cutting, drilling, and laying AC pipe. We are pleased with the jury’s verdict and award which will give Mr. Burch greater peace of mind.”
Burch’s exposure to asbestos occurred in the 1970s while working with AC pipe for J.C. Plumbing Company and Valley Engineers throughout California. His work involved cutting and beveling AC pipe primarily manufactured by CertainTeed using various hand tools and a 12-inch abrasive disc saw, which created extremely dusty working conditions. The dust contained the cancer-causing mineral asbestos. Burch unknowingly breathed deadly asbestos dust at work on a daily basis, but was never warned that the dust could cause him to contract the incurable disease mesothelioma. The jury heard evidence that CertainTeed knew asbestos caused cancer as early as 1962, but did not begin warning about cancer hazards on its pipe until 1985. On the contrary, CertainTeed advertised that its pipe was a “nonharmful use of asbestos” despite its knowledge that this was false.
Mesothelioma is a specific type of cancer with only one cause: exposure to asbestos. Construction workers are one of the groups most at risk for asbestos exposure. Carpenters, pipefitters, roofers, cement masons, electrical workers, bricklayers, and heat insulators are just a few of the trades where workers have been known to develop mesothelioma from past