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Bostic, Drywall joint compound, Georgia-Pacific, Asbestos and Mesothelioma

This entry was posted in Case Watch℠ Mesothelioma & Asbestos and tagged asbestos construction workers drywall joint compound georgia-pacific mesothelioma texas on by (updated 3287 days ago)

ASBESTOS, MESOTHELIOMA, CANCER Bostic, drywall joint compound, Georgia-Pacific, Asbestos and Mesothelioma: A recent Texas Supreme Court review of the appeal’s court decision ended in an affirmation of the lower courts decision.

The Bostic, Drywall joint compound, Georgia Pacific, asbestos and mesothelioma case was heard in the Supreme Court of Texas, and documents what many construction drywall workers may face today – past potential asbestos exposure and mesothelioma. The decision of the appeals court was affirmed.

To find out more on the case, see Case no. No. 10-0775– July 11, 2014, Opinion Delivered.

A brief summary of the facts include:

  • In 2002 Bostic was diagnosed with mesothelioma.
    • He was 40 years old, and died of the disease in 2003.
  • Mesothelioma is a rare cancer of a lining of the body’s internal organs.
  • There is no dispute that asbestos, when breathed into the lungs, can cause mesothelioma.
  • Bostic’s relatives, individually and on behalf of Bostic’s estate (Plaintiffs), sued Georgia-Pacific and 39 other defendants, alleging that the defendants’ products exposed Bostic to asbestos and caused his disease.
  • Plaintiffs alleged causes of action for negligence and products liability.
  • Plaintiffs claimed that as a child and teenager Bostic had been exposed to asbestos while using Georgia-Pacific drywall joint compound.
  • The case went to trial in 2006.
  • The jury found Georgia-Pacific liable under negligence and marketing defect theories, and was asked to allocate causation among numerous entities.
  • The jury assessed 25% of the causation to Knox Glass Company, a former employer who had settled with Bostic, and 75% to Georgia-Pacific.
  • The trial court signed an amended judgment awarding Plaintiffs approximately $6.8 million in compensatory damages and approximately $4.8 million in punitive damages.
  • The court of appeals concluded that the evidence of causation was legally insufficient and rendered a take-nothing judgment.

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