Jury Finds Companies Negligent in Asbestos Case

Feb. 20, 2001
A jury rendered a $35.2 million verdict in a case in which 22\r\nrefinery workers from the Texaco Refinery in Port Arthur, Texas,\r\nsought damages for asbestosis.

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A jury rendered a $35.2 million verdict in a case in which 22 refinery workers from the Texaco Refinery in Port Arthur, Texas, sought damages for asbestosis as a result of exposure to asbestos-containing products manufactured by the defendants.

The plaintiffs charged that the defendants, Flexitallic Inc. and United States Gypsum Co., were negligent by failing to warn them of the hazardous nature of the products.

Flexitallic and Gypsum claimed that the products in question were not unreasonably dangerous, that they were not negligent by failing to warn of the asbestos content of their products and that the plaintiffs contributed to the negligence.

The jury deliberated for three days, rendering a verdict that Flexitallic and Gypsum''s products were dangerous and that they were negligent in failing to warn the plaintiffs of the hazardous nature of their products.

"This verdict represents what happens when one company knows all of the dangers associated with its products and refuses to do anything about it [Gypsum], and when another company claims to know nothing about the dangers of their products and refuses to do anything to find out about it [Flexitallic]," said Ian Cloud, lead attorney for the plaintiffs, with the law firm of Robins, Cloud, Greenwood & Lubel, in Houston.

The verdict also stated that no other product manufacturer other than the defendants were negligent or contributed to the plaintiffs'' injuries.

Damages included $100,000 for past physical pain and mental anguish, $200,000 for future physical pain and mental anguish, $500,000 for future physical impairment and $800,000 for future medical expenses for each of the 22 plaintiffs.

Asbestos, a recognized human carcinogen, is know to cause lung cancer and mesothelioma, a lethal tumor of the lining of the chest and abdominal cavities.

by Virginia Sutcliffe

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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