Phipps v. Copeland Corporation LLCAnnotate this Case
Plaintiff and his wife filed suit against Copeland and others, alleging that the companies exposed plaintiff to asbestos that caused him to develop mesothelioma. After the jury found Copeland liable, it apportioned 60 percent of the fault for plaintiff's harm, and awarded, among other damages, $25 million in noneconomic damages.
The Court of Appeal held that the defendant has the burden at trial to show the percentage of fault attributable to other parties who may have contributed to causing the plaintiff's harm and that Copeland has not met its burden on appeal to show as a matter of law the evidence compelled an apportionment of fault more favorable to Copeland. The court also held that the trial court, in denying Copeland's motion for a new trial, did not err under Code of Civil Procedure sections 657 and 658 in declining to consider a spreadsheet created by Copeland's attorneys that presented a survey and comparative analysis of verdicts in California asbestos cases over a recent five-year period. Finally, the court concluded that substantial evidence supported the jury's award of noneconomic damages.