James Brunk v. CertainTeed
David Marshall obtained a defense verdict on behalf of a national building products manufacturer of asbestos cement pipe in a wrongful death case. The plaintiff alleged household asbestos exposure from his father, a pipe layer at an Army ammunition plant in Kansas. The plaintiff developed peritoneal mesothelioma and died at the age of 38. There were no other defendants remaining in the case at the time of trial. The defendant presented evidence that the pipe used by the plaintiff's father was that of another manufacturer and also presented evidence that the mesothelioma was idiopathic in nature and was not related to any asbestos exposure. The case was tried over a two-week period in Wilmington, Delaware before the Honorable Mary Johnston. This was only the second case to go to verdict in Delaware since the recent dramatic increase in filings there. The first verdict yielded an award of over $2 million.