Facts

Plaintiff Jack Reynolds served in the U.S. Navy from 1954 to 1964. Following his service, plaintiff worked off and on in construction as a drywaller until 1973. In May 2008, Reynolds, then 71, was diagnosed with mesothelioma. He received chemotherapy, multiple drainings of pleural effusions as well as a talc pleurodesis designed to help prevent further chest fluid accumulation. He sued Hamilton Materials Inc. alleging an asbestos-containing joint compound the company manufactured caused his mesothelioma.

PLAINTIFF'S CONTENTIONS:
Reynolds contended that defendant's Red Dot brand joint compound he used when he was a drywaller contained respirable asbestos. Plaintiff claimed that defendant knew, or should have known of the dangers of asbestos and that the products were defective in design. Reynolds contended that, when used as intended, Hamilton Materials Inc.'s asbestos-containing joint compound products released hazardous respirable asbestos dust.

DEFENDANT'S CONTENTIONS:
Defendant denied that the joint compound caused plaintiff's mesothelioma.

Injuries

Mesothelioma, an invariably fatal cancer of the chest wall lining.

Result

The jury awarded plaintiff $8,468,759 ($468,759 in economic damages, and $8,000,000 in non-economic damages). The jury found defendant Hamilton Materials Inc. 20 percent liable, Kaiser Gypsum 10 percent liable, the U.S. Navy 65 percent liable, and other entities 5 percent liable. Defendant's post-trial motions for new trial and JNOV were denied on Aug. 21, 2009. The net judgment entered against Hamilton Materials Inc., after settlement credits and offsets, is $2,038,000.

Deliberation

one day

Poll

12-0 (on all questions except non-economic damages)

Length

four weeks