A California appeals court on Friday affirmed a lower court's decision to grant asbestos claimant Paul Whitlock's motion for a new trial on the grounds of juror misconduct, holding that San Francisco Superior Court Judge Mary Wiss acted within her discretion when she ordered the new trial.
Navy veteran and mesothelioma victim Paul Whitlock sued the defendant Foster Wheeler, LLC in 2006 for injuries arising from his exposure to asbestos while working as a boiler technician aboard the aircraft carrier the USS Kitty Hawk from 1965-67. Foster Wheeler manufactured boilers for the ship utilizing asbestos-containing thermal block insulation and gaskets. The case turned on whether Whitlock was exposed to any of the original Foster Wheeler asbestos in the boilers during his tour of duty on the Kitty Hawk; the defense contended that it had been removed and replaced prior to the time Whitlock reported for duty.
Prior to deliberation, the jurors were instructed by the court to decide the case on the evidence presented at trial, and not upon their own personal training or experience in the matter. In December 2006, after three days of deliberation, the jury found in favor of the Defendant 9-3.
Shortly thereafter, Whitlock moved for a new trial on the grounds of juror misconduct, providing declarations from three of the jurors who stated that they based their decision on the personal experiences of one of their fellow jurors who also happened to be a navy veteran. During deliberations, this juror told the others that based upon his experience repairing circuit boards in the navy, all of the original insulation would have been replaced and cleaned up during repairs that were made to the Kitty Hawk prior to Whitlock coming aboard and that therefore, the plaintiff could not have been exposed to any original Foster Wheeler asbestos-containing products. Determining that these statements constituted juror misconduct, the lower court granted Whitlock a new trial in March 2007.
The Appeals Court agreed with the lower court's decision concluding that the juror's comments were in blatant disregard of the jury instructions, amounting to juror misconduct that prejudiced the plaintiff and influenced the other jurors to find in favor of the defendant, altering the outcome of the case.
Click here to read the complete Appeals Court decision in Whitlock v. Foster Wheeler, LLC.