March 13, 2018, PLLR E-Newsletter
Worker develops mesothelioma after exposure to Calidria-brand asbestos
Suit against Union Carbide, Inc., which manufactured the product, alleged strict liability for making a defective product and failing to warn of its dangers. The jury awarded the plaintiffs approximately $6.94 million. Font v. Union Carbide Corp.
Between 1976 and 1980, Luis Torres worked with joint compounds and texture sprays containing Calidria SG-210, an asbestos product manufactured by Union Carbide Corp. As a result, he inhaled asbestos from the dust created from the use of the joint compounds and sprays. In 2008, he was diagnosed as having malignant pleural mesothelioma. He died of the disease within one year of his diagnosis.
Torres’s daughter, individually and on behalf of his estate, sued Union Carbide, alleging strict liability for manufacturing a defective product and failing to warn of its dangers. The plaintiff presented evidence that in respirable form, Calidria SG-210 causes mesothelioma and other asbestos-related diseases.
The jury awarded approximately $6.94 million, apportioning liability at 40 percent to Union Carbide, 35 percent to Georgia Pacific, 15 percent to Torres, 10 percent to Johns Manville Corp.
Citation: Font v. Union Carbide Corp., No. 10-41578 CA 42 (Fla. Cir. Ct. Miami-Dade Cnty. Nov. 28, 2017).
Plaintiff counsel: AAJ member James Ferraro, Juan Bauta, and AAJ member Marc Kunen, all of Miami.