Products Liability Law Reporter

From 1986 to 2008, Daniel Rugg was a maintenance worker at Washington Penn Plastic Co. Industrial talc used at the plant contained asbestos fibers, which exposed Rugg to asbestos when he dumped 50-pound bags of talc into giant storage hoppers. In 2019, Rugg was diagnosed as having mesothelioma. He died of his disease approximately two years later at age 64. He is survived by his wife.

Rugg’s wife and estate sued Washington Penn Plastic Co., alleging that although it had known that Rugg and other workers would be exposed to dust from asbestos and asbestos-containing products, it negligently failed to provide proper warnings. The plaintiffs asserted that the defendant had been provided with testing documents showing its industrial talc contained asbestos but never shared this information with its employees and never required them to wear protective gear.

The plaintiff also brought products liability claims against Vanderbilt Minerals and Whittaker Clark & Daniels. Those claims reportedly settled for undisclosed amounts.

The jury awarded over $3.8 million, including $750,000 for loss of consortium.

Citation: Rugg v. ABB Inc., No. 190606953 (Pa. Ct. Com. Pl. Philadelphia Cty. July 14, 2022).

Plaintiff counsel: James Kramer and AAJ member Donald Blydenburgh, both of New York City; and Randy S. Cohn, AAJ member Jared Hausmann, and AAJ member Todd Gampp, all of Alton, Ill.