Darrell Polk, et al. v. Alcoa, Inc.
In this gross negligence case against an employer, Plaintiffs alleged that Decedent's lung cancer was caused by a synergistic effect of smoking cigarettes and occupational exposure to asbestos. Defendant argued that Decedent's lung cancer was caused by smoking, only, and that at no time did Defendant's conduct constitute "gross negligence."
The parties settled during Defendant's case-in-chief after two and a half weeks of trial in Dallas County, Texas.