Evidence
8 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-8).
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[1]Cadlo v. Metalclad Insulation Corp., 151 Cal. App. 4th 1311, 61 Cal. Rptr. 3d 104 (Cal. Ct. App., 1st Dist., Div. 5, 2007), Nos. A111353, A112002; certified for partial publication June 11, 2007; rehearing denied July 9, 2007; review denied September 25, 2007; affirming San Francisco Superior Court special jury verdict of March 22, 2005 [court_record]
- Locator
- Opinion factual recitals (service history, LBNS and Sasebo overhauls, Ay testimony) and special-verdict summary; Cal. Ct. App. Nos. A111353/A112002; S.F. Super. Ct. No. 41325
- Finding type
- litigation_documented
- Finding
- Adjudicated asbestos-exposure litigation naming this hull. The Court of Appeal recites: Anthony Cadlo 'served in the United States Navy on board the USS Black as a machinist's mate from January 1965 until his June 1968 discharge. During that service, Cadlo was involved in the removal of asbestos-containing pipe insulation and valve insulation pads.' The opinion further recites that 'the USS Black was drydocked for two and one-half months at the Long Beach Naval Shipyard (LBNS) for a major overhaul, including the removal of old asbestos insulation,' during which shipyard insulators 'tore out and replaced insulation' and sawing lagging off piping and equipment 'look[ed] like a snowstorm'; that Cadlo worked on valves and pumps aboard involving removal of packing and insulation; that he was assigned to the engine room during a shorter insulation-removal overhaul at a naval shipyard in Sasebo, Japan; and that defendant Crane 'concedes that Cadlo was exposed to its asbestos-containing products' (pump/valve packing and gasket material). Percipient witness Charles Ay, an LBNS insulator 1960-1981, testified to the presence of Metalclad products. The jury found defendants negligent, their asbestos-containing products defective in design and inadequately labeled, and their conduct legal causes of Cadlo's injury, awarding $87,304.74 past medical, $174,000 future medical, $1,412,400 nonmedical economic, $4 million noneconomic, and $3 million consortium damages (3% fault Crane, 4% Metalclad). The Court of Appeal affirmed; per the companion opinion in Cadlo 2 (A118866), Cadlo 1 'rul[ed] that Ay's percipient witness testimony was sufficient to raise an inference of causation.' Cadlo died of mesothelioma March 24, 2005, two days after verdict.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1965-1968 (exposure); 2002-2007 (litigation)
- Population
- Anthony Cadlo (USN machinist's mate, USS Black Jan 1965-Jun 1968, pleural mesothelioma); LBNS shipyard insulators during the 1965-66 overhaul
- Limitations
- Jury verdict affirmed on appeal - the strongest litigation stage reached, but the findings are defendant-specific: the jury apportioned only 3%/4% fault to the two non-settling defendants, and the adjudicated exposure is to their products (plus conceded Crane exposure), not a catalog of all asbestos aboard. Exposure window 1965-1968 does not address construction-era or earlier-service conditions. Does not quantify ACM aboard and does not speak to any other individual's exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-01
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[2]Cadlo v. Owens-Illinois, Inc., 125 Cal. App. 4th 513, 23 Cal. Rptr. 3d 1 (Cal. Ct. App., 1st Dist., Div. 5, 2004), No. A105444 [court_record]
- Locator
- Opinion facts section (Kaylo exposure aboard USS Black; 1958 Kaylo division sale); Cal. Ct. App. No. A105444
- Finding type
- litigation_documented
- Finding
- Published pre-verdict appellate opinion in the same litigation naming this hull: plaintiff was exposed on board USS Black to Kaylo, an asbestos-containing insulation made by Owens-Illinois from 1943 to 1958; Cadlo served aboard the Black 1965-1968; Owens-Illinois had sold its Kaylo division to Owens-Corning Fiberglas in 1958, and it was undisputed that any Kaylo to which Cadlo was exposed was manufactured by OCF, not Owens-Illinois. The Court of Appeal affirmed summary judgment for Owens-Illinois - a defendant with no connection to the actual product cannot bear strict liability.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1965-1968 (exposure); 2002-2004 (litigation)
- Population
- Anthony Cadlo (USN machinist's mate, USS Black 1965-1968)
- Limitations
- Affirmed DEFENSE summary judgment on product-identity/enterprise grounds - a merits-level negative for plaintiffs as to Owens-Illinois only. The Kaylo-aboard-USS-Black exposure is uncontested record framing, not a tried finding; the opinion does not adjudicate exposure and establishes nothing about other products aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-02
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[3]Cadlo v. Metalclad Insulation Corp., 172 Cal. App. 4th 1040, 91 Cal. Rptr. 3d 653 (Cal. Ct. App. 2009), No. A120678 (prejudgment-interest appeal, affirmed); and Cadlo v. Metalclad Insulation Corp., No. A118866 (Cal. Ct. App., 1st Dist., Div. 5, June 4, 2008) (unpublished; S.F. Super. Ct. No. 442639) [court_record]
- Locator
- Cadlo 2 (A118866) Parts I-II (procedural history; collateral-estoppel discussion); Cadlo 3 (A120678) opinion text
- Finding type
- litigation_documented
- Finding
- Post-judgment dispositions confirming the exposure adjudication. In the 2008 unpublished opinion (Cadlo 2, S.F. Super. Ct. No. 442639 - the widow's survival/wrongful-death action), the Court of Appeal held Metalclad was collaterally estopped from relitigating causation and summarily vacated the defense summary judgment: 'Cadlo 1 established that Metalclad's design defect and failure to warn were the legal cause of Cadlo's mesothelioma,' and Cadlo 1 had 'rul[ed] that Ay's percipient witness testimony was sufficient to raise an inference of causation' regarding Metalclad insulation aboard the USS Black. In the 2009 published opinion (Cadlo 3), the court affirmed that Metalclad and Crane are jointly and severally liable for Civil Code section 3291 prejudgment interest on the affirmed judgment (defendants had rejected section 998 offers of $149,998 and $112,498; the verdict far exceeded both).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 2005-2009 (post-judgment litigation)
- Population
- Estate/heirs of Anthony Cadlo (Maxlyn Cadlo, successor in interest)
- Limitations
- Cadlo 2 is unpublished (Cal. R. Ct. 8.1115) - it resolves procedure (collateral estoppel on the already-adjudicated causation issue), not exposure facts anew; Cadlo 3 is a published damages-mechanics ruling. Neither adds exposure detail beyond the Cadlo 1 record.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-03
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[4]DANFS, Black (DD-666) - original entry (specifications block and WWII/Korea service narrative; verbatim hazegray.org DANFS Online transcription via Wayback capture 2025-04-18) plus the DANFS March 2016 update (postwar/Vietnam narrative and disposition; verbatim transcription at destroyers.org, Tin Can Sailors - National Association of Destroyer Veterans); live NHHC page serves 404 [nhhc_danfs]
- Locator
- DANFS entry, specifications block + full service narrative (hazegray transcription); DANFS March 2016 update narrative (destroyers.org transcription)
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: namesake Lt. Comdr. Hugh David Black, killed 28 February 1942 when U-578 sank Jacob Jones (DD-130) off Cape May; laid down 14 November 1942 at Kearny, N.J., by Federal Shipbuilding & Dry Dock Co.; launched 28 March 1943, sponsored by Mrs. Frances F. Black, widow of Lt. Comdr. Black; commissioned 21 May 1943, Lt. Comdr. Jack McGinnis in command. Specifications block: 2,050 tons; 376'5" x 39'7"; draft 17'9"; 35.2 knots; complement 329; five 5-inch guns, ten 21-inch torpedo tubes; Fletcher class. WWII: Tarawa screening Nov 1943-Jan 1944 (rescued 22 downed airmen south of Jaluit 15 Jan 1944 under threat of enemy destroyers); Majuro, Aitape/Hollandia, Saipan, Guam, Leyte; Moore Drydock Co., Oakland overhaul 26 Dec 1944-7 Feb 1945; TF 58/TF 38 raids supporting Okinawa and strikes on Japan (steamed to aid of crippled Franklin (CV-13) 19 Mar 1945, screened until 22 Mar; escorted kamikaze-hit Kidd (DD-661) back to TG 58.3 on 11 Apr 1945); occupation duty off Japan/Korea/China. Out of commission in reserve 5 August 1946 (2016 update: San Diego; original entry: Long Beach - see gaps). Recommissioned 18 July 1951; Atlantic Fleet; Korea bombardment Mar-Jun 1953; Pacific Fleet from Jan 1955 (Long Beach, then San Diego home port Aug 1964). Vietnam: inaugural Operation Market Time coastal-surveillance patrol with Higbee (DD-806) 16 March 1965; Yankee Station plane-guard and gunfire-support tours 1965-1969; final Gulf of Tonkin day 20 June 1969; arrived San Diego 13 July 1969; decommissioned and stricken 26 September 1969; sold to Chou's Iron and Steel Co. for scrapping 17 February 1971. Six WWII, two Korea, three Vietnam battle stars. Yard periods in the narrative: New York Navy Yard post-shakedown availability Jul-Aug 1943; Norfolk Navy Yard collision repair Oct 1943 (Block Island (CVE-8) rammed her port side 1 October 1943); Pearl Harbor Navy Yard overhaul 3-14 Sep 1944; Moore Drydock Oakland Dec 1944-Feb 1945; Long Beach overhauls/drydocks 1955-56 (major overhaul ending 29 Feb 1956), Sep 1957 (extensive overhaul), Jan 1964 (three-week drydock overhaul), Oct 1965-Jan 1966 (three-month yard overhaul); Sasebo drydock Nov-Dec 1967 (month-long tail-shaft repair).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1942-1971
- Population
- Federal Shipbuilding construction trades 1942-43; wartime and postwar crew (design complement 329); shipyard workers at documented availabilities
- Limitations
- DANFS documents service history, yard periods, and specifications - not materials or asbestos content. Yard names are given only for some availabilities (Moore Drydock named; Long Beach drydocks unnamed as to facility - Long Beach Naval Shipyard attribution for the 1965-66 overhaul rests on the Cadlo record). The 1946 inactivation site conflicts between the original entry (Long Beach) and 2016 update (San Diego). Mirror transcriptions cited because the live NHHC page returns 404.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-04
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[5]DANFS specifications block (Fletcher class; 35.2 kt) + Atlas shipyard dataset, Federal Shipbuilding-Kearny record incl. Owens-Illinois Industrial Health Survey of Federal Shipbuilding and Dry Dock Co., Kearny, NJ (Aug. 30 - Sep. 2, 1944); NARA RG19 General Information Books archival lead [other_primary]
- Locator
- DANFS specifications block; shipyards.json record 'federal-shipbuilding-kearny' (toxicdocs.org survey scan); NARA RG19 lead
- Finding type
- asbestos_application
- Finding
- Era/yard inference: a WWII Fletcher-class destroyer built November 1942-May 1943 with a four-boiler/60,000-shp steam plant would have carried period-standard asbestos boiler and steam-line insulation, turbine lagging, gaskets, packing, fireproofing, and deck coverings; builder Federal Shipbuilding & Drydock (Kearny) is documented at yard level in the Atlas dataset, including the 1944 Owens-Illinois industrial-health survey documenting insulator work with asbestos pipe covering (Johns-Manville Superex) and boiler insulation in confined shipboard spaces at the yard. NARA RG19 'General Information Books' per-vessel material specifications are an unretrieved archival lead for hull-level specs.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-27
- Study period
- 1942-1969
- Population
- Federal Shipbuilding construction trades 1942-43; crew 1943-1969
- Limitations
- Class/era and builder-yard inference only - NOT a hull-specific finding; the ship-specific findings for this hull are the Cadlo rows (ev-01 through ev-03). The 1944 Kearny survey postdates this hull's March 1943 launch and documents yard practice, not materials installed aboard DD-666. Does not quantify material or establish any individual's exposure.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-05
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[6]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct 18, 1979) [gao]
- Locator
- GAO product page HRD-80-2
- Finding type
- gov_survey
- Finding
- GAO documented that the Navy used asbestos insulation extensively aboard ships and did not begin substituting alternative insulation materials until the early 1970s - placing DD-666's construction (1942-43), entire commissioned service (1943-1969), and 1971 sale/scrapping inside the documented asbestos-use era.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-27
- Study period
- 1979
- Population
- Navy shipyard workers; asbestos program review
- Limitations
- Program-level documentation; supports era context only, not any fact specific to this hull. Full report text not retrieved (gao.gov blocks automated fetch, HTTP 403) - content via product-page description.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-06
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[7]NARA Catalog: digitized U.S. Navy deck logs for Black (DD-666), Record Group 24 (Bureau of Naval Personnel) - monthly deck-log records located for 1953-1955 (e.g., 'Black (DD-666) - December 1955,' NAID 683387752) and the NARA deck-log availability list shows 1966 for this hull; Vietnam-era logs are being processed under the Blue Water Navy digitization program [other_primary]
- Locator
- NARA Catalog search 'Black DD-666' - digitized deck-log series (sample NAID 683387752); archives.gov/research/military/logbooks/navy-online availability list
- Finding type
- historical_record
- Finding
- Digitized deck logs for this hull exist in the National Archives Catalog - primary operational records that could corroborate the Cadlo-documented 1965-66 Long Beach overhaul period, port calls, and in-service events; contents not extracted.
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1953-1969 (coverage; digitization partial)
- Population
- Crew aboard during logged periods
- Limitations
- Deck logs are operational/administrative records, not materials or industrial-hygiene records; they will not document asbestos content. Retrieval and extraction not performed this session.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-07
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[8]Batch-3641 search ledger (this record): DANFS mirrors (hazegray via Wayback; destroyers.org 2016 update); CourtListener API v4 (authenticated); NARA Catalog; GAO HRD-80-2; NavSource/Tin Can Sailors/hullnumber corroboration; law-firm/aggregator ship pages (excluded per sourcing rules) [other_primary]
- Locator
- search_ledger rows sl-uss-black-dd666-01 through sl-uss-black-dd666-11
- Finding type
- historical_record
- Finding
- No hull-specific asbestos survey, abatement record, materials inventory, or hazmat disclosure located for DD-666 outside the Cadlo litigation record. The ship was stricken in 1969 and sold for scrap to a Taiwan breakers' yard in February 1971 - before modern asbestos documentation practice and outside U.S. EPA/OSHA disposal-tracking regimes - and never became a museum, so the disclosure channels that produced ship-specific records for preserved hulls do not exist. CourtListener sweeps located no qualifying litigation beyond the Cadlo line of cases: opinion queries 'USS Black'+asbestos returned only the two published Cadlo opinions plus a citation-chain hit; 'DD-666' and 'USS Black'+'DD-666' opinion queries returned zero; docket-level queries returned asbestos-litigation dockets in which the hull-string match role could not be verified without document retrieval (MDL-875 tag-along complaint in Owens v. Allis-Chalmers; Redman v. A.W. Chesterton declaration exhibits).
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 2026-09-27
- Limitations
- Absence of a located public survey/abatement record does not prove absence of asbestos aboard - era-standard applications are documented at class/era level, and the Cadlo record adjudicates specific service-era ACM handling aboard this hull. The hull no longer exists, so present-day ACM status is moot; Taiwan scrapping-yard conditions are undocumented.
- Atlas source
- true
- Evidence ID
- ev-uss-black-dd666-08