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Failure to warn of dangers from asbestos-containing joint compound

October/November 2019

James Kimberling worked as a drywall installer from 1960 to the mid-1980s. During that time, he was exposed to asbestos-containing products while using commercial insulation products and other building materials. He was diagnosed as having asbestosis and died approximately two years later at age 74. He is survived by his wife and four adult children.

Kimberling’s estate sued Kaiser Gypsum Co., which manufactured joint compound to which Kimberling had been exposed, alleging design defect, failure to warn, and negligence. The plaintiff asserted that Kimberling’s illness and death resulted from asbestos exposure from the defendant’s products, which released dangerous amounts of toxic asbestos fibers into the air while Kimberling was working. Suit did not claim lost medical expenses.

The defense argued that Kimberling had been comparatively negligent.

The jury awarded over $904,200. The jury apportioned liability at 50% to Kimberling and 3.5% to the defendant. The remaining liability was attributed to multiple nonparty manufacturers of joint compound and plastic cement.

Citation: Kimberling v. Kaiser Gypsum Co., No. BC537377 (Cal. Super. Ct. Los Angeles Cnty. Apr. 24, 2019).

Plaintiff counsel: AAJ member Sarah Bendon, Los Angeles; and AAJ member Gilbert L. Purcell, Novato, Calif.