Sample Case Report

• Juan P. Bauta II; The Ferraro Law Firm, P.A.; Coral Gables, FL, for William P. Aubin
• Jordan Kirby; The Ferraro Law Firm, P.A.; Coral Gables, FL, for William P. Aubin

• Victor Roggli M.D.; Pathology; Durham, NC called by: Juan Bauta II
  
  
• Arnold Brody M.D.; Oncology; New Orleans, LA called by: Juan Bauta II, Jordan Kirby
  
  

• Colin J. Kelly; Alston & Bird; Atlanta, GA, for Union Carbide Corp.
• Michael G. Terry; Hartline, Dacus, Barger, Dreyer & Kern; Corpus Christi, TX, for Union Carbide Corp.
• None reported; null, null, for Georgia Pacific LLC, Kaiser Gypsum Co., Premix Marbletite Manufacturing Co., Banner Supply Co., Bayer Cropscience Inc., Bigham Insulation & Supply Co., Bird Inc., Bondex Intl Inc., Certainteed Corp., Imperial Industries Inc., Kentil Floors Inc., National Svcs Industries Inc., Rapid American Corp., Republic Powdered Metals Inc., T.H. Agriculture & Nutrition LLC, Aventis Cropscience USA Inc., Rhone Poulenc Ag Co. Inc., Rhone Poulenc Inc., Amchem Products Inc., Benjamin Foster Co., Bondex Co., Adobe Brick and Supply, The Reardon Co. & Bondex Intl, Thompson Hayward Chemical Co., Johns-Manville Corp., Philip Carey Co., U.S. Gypsum Co.

• None

Plaintiff William Aubin, a home-building contractor, was 57 when he was diagnosed with mesothelioma. The cause of the cancer was traced to asbestos exposure, which he initially came into contact with as a high school student.

Aubin and his father built nearly 70 homes in Sarasota, and Aubin claimed that he inhaled asbestos by working with products that contained the fiber. Asbestos was used in spackling paste to fill holes and in the paste used for popcorn ceilings. Aubin's attorneys argued asbestos fibers caused the development of cancerous cells in his lungs and stomach lining.

Aubin sued the companies that produced the home-building products he used for negligence and products liability. The defendants included Georgia Pacific LLC, Kaiser Gypsum Co. and Premix Marbletite Manufacturing Co., among others. Aubin's attorneys focused on Union Carbide, which supplied all the other defendants with asbestos. In the weeks before trial, Aubin discontinued some defendants and reached confidential settlements with several manufacturers including Georgia Pacific, Kaiser Gypsum and Premix Marbletite. The case went to trial against Union Carbide only, but Georgia Pacific, Johns-Manville Corp., Kaiser Gypsum, Philip Carey Corp., Premix Marbletite, Thompson Hayward Chemical Co. and U.S. Gypsum appeared on the verdict sheet as Fabre defendants.

Aubin's lawyers argued that Union Carbide had a duty to warn about the asbestos. Despite knowing about the dangers of asbestos since the 1930s, Union Carbide had not placed warnings on any of its products. Aubin's attorneys presented evidence of decades-old internal memos showing Union Carbide's awareness of the dangers of asbestos. Union Carbide policies forced its own employees who handled asbestos to take precautionary steps to shield themselves from exposure. In the 1970s, Union Carbide also dismissed its customers concerns about the safety of asbestos when the public was becoming increasingly aware of its danger.

Union Carbide attorneys argued that the company's soft, fibrous, white chrysotile asbestos did not cause the type of mesothelioma Aubin had. They also argued the company had no duty to place warning labels on its products or warn consumers because the building supply manufacturers had been told about the health concerns. Union Carbide contended that although the company knew exposure to asbestos could cause disease, it did not know how much exposure would be dangerous.

Aubin suffered from mesothelioma. Thus, he sought recovery for his past and future pain and suffering, and for medical expenses for the treatment of the cancer.

The jury awarded Aubin $14,191,000. It found Union Carbide 46.25 percent liable. Thus, Union Carbide was directed to pay $6,563,337.

The Fabre defendants' liability was apportioned as follows: U.S. Gypsum, 25 percent; Premix Marbletite, 12.5 percent; Georgia Pacific, 8.75 percent; and Kaiser Gypsum, 7.5 percent. The jury also found that Johns-Manville, Philip Carey and Thompson Hayward were not negligent.

William P. Aubin

$191,000 Personal Injury: Past Medical Cost

$4,000,000 Personal Injury: Past Pain And Suffering

$10,000,000 Personal Injury: Future Pain And Suffering

Union Carbide's motion for a new trial was denied.

This report includes information that was gleaned from an article that was published by the Daily Business Review and an interview of plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.