Products Liability Law Reporter

Munir Seen was a construction worker in the New York metropolitan area from the 1960s through the 1980s. His duties required him to mix Kaiser Gypsum Co.’s asbestos-containing joint compound with water and apply it to drywall, which he then sanded to achieve a smooth surface. As a result, he was exposed to significant amounts of asbestos-containing dust. In 2016, he experienced shortness of breath and was later diagnosed as having mesothelioma. He continued to work as a security guard until he was forced to retire. Seen died in 2019 at age 69. He is survived by his two adult children and four grandchildren.

Seen’s son, individually and on behalf of his estate, sued Kaiser Gypsum Co., alleging negligence, strict liability, wrongful death, failure to warn, and willful, reckless, and wanton misconduct. The plaintiffs asserted that the defendant had displayed a reckless disregard for the safety of others and failed to warn of the dangers of handling asbestos-containing materials.

The jury awarded $15 million.

Citation: Seen v. 84 Lumber Co., No. 190225/2018 (N.Y. Sup. Ct. New York Cty. July 15, 2022).

Plaintiff counsel: AAJ member Daniel P. Blouin, AAJ member Donald P. Blydenburgh, and Olivia Kelley, all of New York City; and AAJ members Randy S. Cohn and James R. Huss, both of Alton, Ill.

Comment: In Fowler v. Akzo Nobel Chems., Inc., 2022 WL 2349452 (N.J. June 30, 2022), Willis Edenfield, who worked in a manufacturing plant for approximately 40 years, died of mesothelioma resulting from asbestos exposure. His estate brought a failure-to-warn products liability action against Union Carbide Corp., the manufacturer and supplier of the asbestos that Edenfield had handled in the workplace. The trial court instructed the jury that Union Carbide had a duty to place adequate warnings on its asbestos bags and warn Edenfield’s employer about the dangers of its products. A breach of either duty, the court said, would constitute a breach of the defendant’s duty to warn. The jury awarded damages, finding that the defendant had breached its duty to warn and was liable for Edenfield’s mesothelioma and death. The jury concluded that Union Carbide had placed inadequate warnings on the asbestos bags Edenfield had handled. The intermediate appellate court vacated the verdict and remanded for a new trial, finding that the trial court had erred in failing to instruct the jury that the defendant could discharge its duty to warn by taking reasonable measures through the employer to inform Edenfield of the dangers of asbestos. Reversing, the state high court held that an asbestos manufacturer or supplier that places inadequate warnings on asbestos bags used in the workplace breaches a duty to the worker, notwithstanding whether correct information was provided to the employer, which was reasonably intended to reach the worker. Consequently, the court reinstated the jury’s verdict and damages award. AAJ member Amber R. Long, New York City, represented the plaintiff. AAJ members Jared M. Placitella and Christopher M. Placitella, both of Red Bank, N.J., were amici curiae counsel.