Farag v. ArvinMeritor, Inc. Court of Appeal, Third District (April 24, 2012)

Statutory settlement offers pursuant to California Code of Civil Procedure Section 998 can be an important settlement tool, and a method to recover additional costs, including expert witness fees. In this case, the court had to consider whether an offer made jointly to both plaintiffs as husband and wife was void or enforceable for purposes of obtaining these additional costs.

Naseem Farag was diagnosed with mesothelioma in 2009. He had worked for approximately 30 years in the automotive repair industry. He and his wife, Sanna, sued various defendants alleging that his mesothelioma was caused by exposure to asbestos-containing vehicles and vehicle parts. Defendant ArvinMeritor, Inc.’s predecessor (Rockwell International Corporation) had been a manufacturer and distributor of asbestos-containing brake linings during the relevant years.

Please see full article below for more information.