Wendel Stout and Jason Franco, Deutsch Kerrigan LLP Toxic Tort attorneys, obtained a successful defense verdict on behalf of CertainTeed Corporation in a living mesothelioma jury trial in Orleans Parish Civil District Court on September 19, 2017.
In the case, the Plaintiff made his career working as a roofer and general laborer. He also performed some brake jobs on cars. During his deposition, he testified about working with Georgia Pacific joint compound, CertainTeed roofing felts, shingles and roofing cement, and Bendix brakes.
After other defendants in the case settled, Mr. Smith testified at trial only about his work with CertainTeed roofing felts.
CertainTeed called its corporate representative, Michael Noone; local pulmonologist Dr. Robert Jones of Tulane University, and Grant Campbell, whose family company both employed Mr. Smith during the 1970's and supplied roofing materials that were used by Mr. Smith. Defense witnesses confirmed only Johns-Manville products were used by providing testimony and records that there were no sales invoices in the New Orleans area of CertainTeed asbestos-containing roofing felts.
During closing arguments, plaintiff asked for $15,000,000 to compensate Mr. Smith. The jury deliberated for approximately one hour and 11 of 12 jurors rendered a verdict in favor of CertainTeed.