Gordon worked for 34 years in Oakland, California at Sea-Land Shipping Company. From 1965 to 1999 he was involved with the inspection, grinding, replacement, and blowing out of heavy duty vehicle’s brakes.  These daily activities exposed Gordon to high levels of deadly asbestos dust. Due to this asbestos exposure, Gordon was diagnosed with mesothelioma in January 2010.  Gordon, 66, and his wife Emily filed a lawsuit in March 2010, where they set out to prove his exposure to asbestos caused his mesothelioma cancer. Furthermore, their lawsuit sought to prove negligence in the defendants’ failure to warn Gordon of the danger associated with asbestos exposure, despite their knowledge of the deadly nature of asbestos exposure.

The vast majority of the asbestos containing brake linings Gordon was exposed to were produced by Carlisle Brake and Friction, and Pneumo Abex. At trial, evidence revealed the knowledge Pneumo Abex had as early as 1940 that breathing asbestos dust had adverse effects. Despite this knowledge, Pneumo Abex neglected to warn their customers of the dangers and consequences of asbestos dust exposure, thus allowing workers, like Gordon, to be exposed to the deadly dust. Both Pneumo Abex and Carlisle Brake and Friction discussed in the 1970s whether or not they would advise their customers of the heath risks involved with their brake products. Furthermore, they both continued to sell brakes containing asbestos until 1987.

In December of 2010, the court ruled in favor of Gordon and Emily. Gordon was awarded $1.47 million for economic loses as well as $1.5 million for his pain and suffering. Emily was awarded $1 million due to her loss of her husband’s companionship and support. The defendants were also found by the court to be malicious, oppressive, and fraudulent in their continued sale of asbestos-containing brakes. In January of 2011, punitive damages of $13.5 million were awarded, bringing the total amount of the verdict to $17,470,000.