Lowery v. Bondex International et. al.

Case Summary

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.

Verdict

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

Significance

Tried in Texas under Florida law
Jury awarded damages based purely on the mental anguish claim

Case Information

Lowery v. Bondex International et. al.
Cause No. 067-2023722-03
Trial length 13 days Deliberation 1 day

Jurisdiction

Tarrant County, Texas, 153rd Judicial District Court
Hon. Kenneth Curry, presiding

Plaintiff’s Experts

Arnold Brody, M.D., cell biologist, Tulane Univ.
Edwin Holstein, M.D., occupational medicine, Environmental Health Associates, P.A.

Defense Experts

James C. Rock, Ph.D., industrial hygienist

Plaintiff’s Counsel

Waters Kraus Paul & Siegel, LLP, Dallas, Texas
Peter A. Kraus
Troyce G. Wolf
Julie L. Celum

Defense Counsel

Jenkins and Martin, LLP; Beaumont, Texas (Bondex)
T. Lynn Walden (lead)
Christopher Reed

Brown McCarroll, LLP; Austin, Texas (Kelly-Moore)
William Fountain (lead)
Taylor Smith

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.