California Jury Returns Defense Verdict for Automobile Company in Asbestos Trial
American Honda Motor Co., Inc. secured a defense verdict on February 20, 2025, following a three-week jury trial in Santa Monica, California alleging exposure to asbestos in automobile brakes that were once distributed by American Honda. (Jose Manuel Estrada and Isabel Estrada v. American Honda Motor Co., Inc., et al., Los Angeles County Superior Court, 24STCV15531.)
Jose Manuel Estrada and his wife, Isabel Estrada, longtime residents of Brawley, California, filed suit in Los Angeles, California on June 20, 2024, alleging that Mr. Estrada developed malignant pleural mesothelioma after working for three decades at a local Firestone tire store where he was employed as a tire installer and mechanic and later as an assistant service manager from 1972 until his retirement in 2005. Mr. Estrada, aged 73, claimed that he worked on various brands of passenger automobiles and light trucks during this employment and that the tire store sometimes purchased Genuine Honda Part service part replacement brakes from local Honda automobile dealerships. He also alleged that he worked alongside other mechanics at the tire store who were performing similar work in his presence. Mr. Estrada served in the U.S. Air Force from 1972 to 1976 where he serviced environmental systems on heavy bombers that did not contain asbestos components. During closing arguments, plaintiffs’ counsel asked the jury for an award of over $50 million in damages.
Although plaintiffs originally sued more than 25 defendants alleging exposures to asbestos in numerous makes and models of vehicles, only American Honda remained in the case at trial. The case was granted trial preference based upon Mr. Estrada’s deteriorating health status and was set for an expedited trial within 120 days of plaintiffs’ motion.
Judge Michael I. Levanas in Department J of the Santa Monica Courthouse presided at trial. Deliberations lasted less than a day. The jury found by a vote of 9-3 that Mr. Estrada’s alleged exposures to asbestos in Honda brand brakes distributed by American Honda both in and as service parts for Honda vehicles was not a substantial factor in causing his mesothelioma.
Through its experts and its corporate witness, American Honda argued that exposure to chrysotile asbestos fiber that is encapsulated in brake lining material is incapable of causing mesothelioma in mechanics. American Honda also argued that the diagnosis of malignant mesothelioma was unconfirmed. In addition, American Honda disputed the time periods and the extent of Mr. Estrada’s alleged exposure to asbestos in Honda products. American Honda called two co-worker fact witnesses and three experts in its defense. American Honda’s corporate witness was called to testify in the plaintiffs’ case. Experts called by American Honda included toxicologist and industrial hygienist Dr. Kelly Scribner Tuttle, PhD; epidemiologist Dr. Dominik Alexander, PhD; and pulmonary pathologist Dr. Victor Roggli, MD.
The Estrada plaintiffs each testified as fact witnesses at trial. Their counsel also called eight expert witnesses including cellular biologist Dr. Arnold Brody, PhD; pulmonologist Dr. Barry Horn, MD; industrial hygienist John Templin, CIH; state-of-art expert Dr. Gerald Markowitz, PhD; epidemiologist Dr. Allan Smith, MD.; economist James Mills; and two pathologists Dr. Brent Staggs, MD and Dr. Michael Fishbein, MD.
Jennifer Alesio and Gary DiMuzio from the Simmons Hanly Conroy firm in San Francisco, California represented the plaintiffs at trial. American Honda was represented at trial by Michael W. Drumke and Adam H. Doeringer of the Swanson Martin & Bell, LLP law firm in Chicago, Illinois and by John Eberlein and Heather Gaw from Segal McCambridge Singer & Mahoney, Ltd. in San Francisco, California and Emily Cuatto of Horvitz & Levy LLP in Los Angeles.
