A jury in San Francisco has found in favor of a former drywaller suffering from mesothelioma and awarded $8.4 million in damages. In his products liability trial against Hamilton Materials, Inc., Jack Reynolds presented evidence showing that when used as intended, Hamilton’s “Red Dot” brand joint compound released respirable asbestos. Exposure to asbestos ultimately caused this man’s mesothelioma.
After determining that Defendant Hamilton Materials, Inc. was liable, the jury assessed $468,759 in economic damages, and $8,000,000 in non-economic damages, due to Hamilton Materials, Inc.’s contribution in causing Mr. Reynolds’ mesothelioma, which as you probably know is an asbestos-caused fatal cancer of the pleura surrounding the lungs.
Jack Reynolds served in the US Navy from 1954 – 1964 primarily aboard two naval vessels – USS Mason, a naval destroyer, and USS Ranger, an aircraft carrier. Aboard these ships, he worked primarily as a painter and in the laundry service department. After his discharge from the Navy, Mr. Reynolds went to work for a business installing and finishing drywall in primarily residential construction. He did this until approximately 1973 when his employment changed from construction to the travel industry and he retired in 1999. His last occupational exposure to asbestos occurred in 1973. In 2008, Mr. Reynolds was diagnosed with left-sided malignant mesothelioma. He has received chemotherapy, multiple drainings of pleural effusions as well as a talc pleurodesis designed to help prevent further chest fluid accumulation.
Mesothelioma is an invariably-fatal cancer of the lining of the chest wall caused by exposure to asbestos. It most often presents itself many decades after exposure to asbestos, depending on a worker’s individual susceptibility. Defendant Hamilton Materials, Inc., based in Orange, California, was a manufacturer and supplier of “Red Dot” brand asbestos-containing joint compound from 1963 – 1977, a product used to fill joints between sheets of drywall which is sanded after application emitting large amounts of dust.
At trial, evidence was presented showing that when used as intended, Hamilton Materials, Inc.’s asbestos-containing joint compound products had to be applied, sanded, disturbed, and cleaned up – all of which released hazardous respirable asbestos dust. The jury assigned 20% of the liability to Hamilton Materials, Inc. I understand other Defendants settled prior to the jury verdict. Gil Purcell, Andrew Chew and Hallie Albert, who are with the law firm of Brayton Purcell, represented Jack Reynolds and did a very good job.
Our firm is heavily involved in the mesothelioma litigation. If you need more information on any aspect of the mesothelioma litigation you can contact Mike Andrews, Ben Locklar or Cole Portis in our firm at 800-898-2034 or <a href=”mailto:firstname.lastname@example.org” title=”Contact Mike Andrews”>Mike.Andrews@beasleyallen.com</a>, <a href=”mailto:email@example.com” title=”Contact Ben Locklar”>Ben.Locklar@beasleyallen.com</a> or <a href=”mailto:firstname.lastname@example.org” title=”Contact Cole Portis”>Cole.Portis@beasleyallen.com</a>.
Source: Yahoo News
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