Rich v. Bingham

VERDICT

Trial
01/21/10 – 02/10/10

Summary

The plaintiff-mail carrier's mesothelioma allegedly resulted not from vocational exposure, but from exposure to joint compounds in home improvement products that he allegedly purchased from hardware stores in the 1960's and 1970's to repair a recurring crack in the walls of his home.

According to the plaintiff, sanding the joint compound created fine asbestos dust that got into the plaintiff's lungs, and the defense expert witness could only find a different type of asbestos was involved by violating his own methodology.

Defendants, which include R.T. Vanderbilt, Kaiser Gypsum, and Union Carbide, alleged that the plaintiff's exposure to these products was not sufficient to cause his current cancer, and that some products were not sold at the stores where the plaintiff claims to have bought them. In addition, the types of asbestos found in the plaintiff's lung tissue allegedly did not closely match the fiber types used in the products the plaintiff allegedly used.

The jury returned a defense verdict, finding neither negligence nor the the delivery of a defective product by any of the defendants that was the legal cause of Fred Rich's illness.

View a free video clip from the case:
Defense attorney, Susan Cole, delivers opening statement -- Clip 1

Outcome

Found for the defense

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Patti Henning
Jurisdiction
17th Judicial Circuit of Florida
Court
Judicial Complex
Case Number
08-55808
Industry
Retail
Practice Area
Asbestos, Tort Law, Products Liability, Toxic Torts
Plaintiff
Rich, Fred
Defense
Kaiser Gypsum
Defense
Union Carbide
Defense
R.T. Vanderbilt Company, Inc.
Expert Witnesses
Lay Witnesses

Sessions

AM Session
Not in Session
0 Chapters
JAN
21
JAN
22
JAN
25
JAN
26
JAN
27
JAN
28
PM Session
Not in Session
0 Chapters
JAN
29
FEB
1
FEB
2
FEB
3
FEB
4
PM Session
Not in Session
0 Chapters
FEB
5
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
FEB
8
FEB
9
FEB
10

Recording Disclaimer: This proceeding was recorded in full.

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