Walsworth Obtains Defense Verdict in Supply-House Asbestos Case

A California jury on Apr. 18 returned a defense verdict in a wrongful death suit against a plumbing supply company and its alleged predecessor entity for allegedly supplying asbestos cement pipe to plaintiff’s worksites, thereby exposing his wife to asbestos dust via his clothing. The wife subsequently contracted mesothelioma and passed away in January, 2014. Plaintiffs’ attorneys had asked the jury for $18 million.

Defense verdicts in strict product liability/supply-house cases are becoming increasingly rare, as the strict liability doctrine continues to expand, and the manufacturers of asbestos products continue to disappear. Adding to the challenge of trying asbestos cases is the fact that potential jurors have been exposed to television commercials soliciting clients for mesothelioma cases.

The defense presented evidence that the plaintiff passed away from other causes besides mesothelioma and alternate exposure, and also argued that OSHA regulations were not followed and that scientific and medical knowledge of asbestos dangers was not available to simple supply houses.