Complete Defense Verdict Victory For Edward Hugo And Shaghig Agopian

Posted on Thursday, 04 September 2014


Richard F. Moran III v. Foster Wheeler Energy Corporation
JCCP 4674
LASC Case # BC466180
Dept. I

Date of Trial: 8/19/14 - 9/4/14

Judge: Hon. H. Chester Horn

Trial Counsel:
- Tony Vieira, Esq. & Campbell Filmer, Esq. of Vieira Trial Law ("Plaintiff")
- David Rosen, Esq. of Rose, Klein & Marias ("Plaintiff")
- Edward R. Hugo, Esq. & Shaghig Agopian, Esq. of Hugo Parker ("Defendant")

Pre-Trial Demands/Offers:
Demand: $1,500,000
Offer: None

Verdict: Defense

Case Summary: Plaintiff was a career refractory salesman for Combustion Engineering, Kaiser Refractories, A.P. Green and Pryor Giggy from 1964 to the present. He claimed that more than 50% of the boilers and heaters that he sold refractories for, removed from and installed into were manufactured by Foster Wheeler Energy Corporation and that Foster Wheeler was a cause of his mesothelioma.

Plaintiffs' Trial Expert Witnesses:
Dr. Barry Horn - Pulmonology
Robert Johnson - Economics
John Templin - Industrial Hugiene

Defendants' Trial Expert Witnesses:

Jury Trial: Length, 14 days; Deliberation, 1 hour

Result: Complete defense verdict: the jury found that Mr. Moran was a "Sophisticated User" of the asbestos-containing refractory materials that he sold and was otherwise exposed to, thus negating the manufacturer's duty to plaintiff.

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