Calif. Jury Reaches Defense Verdict for Kelly-Moore Paint Co., Union Carbide at End of Asbestos Trial

August 10, 2016 – Media Coverage

LOS ANGELES –– A California jury has reached a defense verdict for Kelly-Moore Paint Co., Union Carbide and Elementis at the conclusion of an asbestos trial, rejecting the plaintiff’s assertion that she developed mesothelioma as a result of exposure to drywall and joint compound products.

The California Superior Court for Los Angeles County jury reached the verdict on Aug. 9 after a four-week trial and less than two days of deliberations. Judge Robert E. Willett presided over the trial, sources told HarrisMartin.

The plaintiffs contended in their complaint that Christine Pass’ work with and around a number of drywall and joint compound products during the 1970s caused her to develop mesothelioma.

Kelly-Moore argued during trial that the plaintiff did not come into contact with asbestos fibers in its products, while Union Carbide and Elementis maintained that they had placed sufficient warnings of the hazards on the products in question. The latter two defendants additionally asserted a sophisticated intermediary defense, but sources told HarrisMartin that the jury did not reach the related question on the verdict form.

In finding for the defendants, the jury additionally never reached questions of causation or damages, sources told HarrisMartin.

Testifying on behalf of the plaintiff were Barry Horn, M.D.; John Templin, CIH; and Allan Smith, M.D., Ph.D.

Testifying on behalf of the defendants were James Crapo, M.D.; and Edward Van der Bogert.

Kelly-Moore was represented by Claire C. Weglarz of Hawkins Parnell & Young in Los Angeles.

The plaintiff was represented by Anthony E. Vieira and Campbell W. Filmer of the Law Offices of Anthony E. Vieira in Westlake Village, Calif.

Other defendants remaining at the verdict included Union Carbide Corporation and Elementis.

Pass, et al. v. Amcord, Inc., et al., No. BC587738 (Calif. Super. Ct., Los Angeles Cty.).

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