Jury Service: 11/16 to 12/09/2009

What an unforgettable 15 days experience for me!

Civil Case: Plaintiff dying from peritoneal Mesothelioma sued asbestos supplier for negligence and compensation

Plaintiff: Mr. and Mrs. Francisco and Carmen Nunez

Defendant: Advocate Mines, Ltd.

Result: Mistrial due to 8 (Yes) and 4 (No)

Scenarios:

1. Nunez worked at John's Manvill piping factory from 1964 to 1982.
2. During a 10 week period in 1969, Nunez worked in Line Pipe Department doing sandblasting and blow-out jobs. This heaviest exposure to asbestos could generate 400 to 500 fiber per cc (cubic centimeter).
3. Advocate Mines was supplying 70% of the crysotile asbestos in that 10 week time span.
4. Crysotile asbestos has been proven to cause pleural mesothelioma, but no scientific proof to cause peritoneal mesothelioma.
5. Only amphiboles asbestos, e.g., amosite, chricidolite, tremolite, can cause peritoneal mesothelioma.
6. There was a fraction of tremolite existing in crysotile though.
7. Two cases of crysotile causing peritoneal mesothelioma so far, i.e., one in South Carolina and another one in Chung Quing, China.
8. The latency of mesothelioma can be from 10 to 50 years.
9. There is not enough data and proof of such rare disease.

After listening to expert witnesses, including scientists, researchers, cell biologists, pathologists, epidemiologists and professors, there goes on without saying that all those heavy weights contradicted among themselves. Without the knowledge nor the chance to ask questions to those experts, we 13 jurors had a hard time judging this case. The instructions given by the court is so limited and need to be followed no matter what.

Ten days of sitting on the jury box, I observed how sharp attorneys manipulating we jurors' minds. Five days of deliberation turned out to be an excellent lesson for me to view people's inner selves of agony, favoritism, manner, impatience, frustration, etc. Contemplating on the true meaning of U.S. justice, I surely find beauty of it, regardless of the abuses from some parties. Praise to our legal system!