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The plaintiff was Christine Lowery, wife of Frank Lowery. Mr. Lowery, a career drywaller, worked with joint compound on a daily basis from 1958-1989. He testified by video deposition to using joint compound “every day” of his career. He specifically recalled using Bondex’s mixture, as well as that of other manufacturers. The defense contended that their product was sold primarily to do-it-yourselfers, and that it was unlikely he had used the company’s products. The defense also noted that Mr. Lowery had been exposed to asbestos-containing fireproofing products in the commercial jobs he worked on. Mr. Lowery was diagnosed with malignant mesothelioma in September 2003 and died in February 2004.
June 19, 2006
$1.0M award to the widow for mental anguish
20% liability assessed to Bondex
Jury not allowed to consider punitive damages under Fla. law
Tried in Texas under Florida law
Jury awarded damages based purely on the mental anguish claim
Lowery v. Bondex International et. al.
Cause No. 067-2023722-03
Trial length 13 days Deliberation 1 day
Tarrant County, Texas, 153rd Judicial District Court
Hon. Kenneth Curry, presiding
Arnold Brody, M.D., cell biologist, Tulane Univ.
Edwin Holstein, M.D., occupational medicine, Environmental Health Associates, P.A.
James C. Rock, Ph.D., industrial hygienist
Waters Kraus & Paul, LLP, Dallas, Texas
Peter A. Kraus
Troyce G. Wolf
Julie L. Celum
Jenkins and Martin, LLP; Beaumont, Texas (Bondex)
T. Lynn Walden (lead)
Brown McCarroll, LLP; Austin, Texas (Kelly-Moore)
William Fountain (lead)
Disclaimer – Results obtained depend on the facts of each case. Award amounts are not actual cash amounts received by plaintiffs. Deductions are made for liens, attorney fees and expenses.
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