Mesothelioma Verdict Goes to the Defense

December 15, 2009

Baltimore, MD Most, but not all, asbestos mesothelioma lawsuits end with a verdict that favors the plaintiff. Sometimes the jury produces a decision that favors the defendant—as happened recently in Baltimore.



The case involved Manuel Gonzalez, a 55-year-old resident of Hyattsville, who was diagnosed with asbestos mesothelioma in November of 2007. He believed that his alleged exposure to asbestos-lined cement pipe manufactured by CertainTeed resulted in his mesothelioma, and he sued the company for $30 million.



However, according to the December 14 issue of the Baltimore-based Daily Record, the jury believed that the plaintiff failed to adequately prove he had been exposed to the pipe for the period representing his claim. Gonzales worked as a cement finisher from 1977 to 1979 and claimed that the pipes with which he worked triggered his mesothelioma.



CertainTeed acknowledged that it had, in fact, manufactured the pipes lined with asbestos, but the manufacturer successfully argued that the pipes were not used on the jobs to which the plaintiff was assigned. A lawyer with the CertainTeed defense team says the defense filed a request through the Freedom of Information Act to determine the types of pipe used on the government projects on which the plaintiff worked.



According to the Daily Record, it was found that CertainTeed asbestos-lined pipes were not used. The manufacturer also argued successfully that due to construction sequencing, the plaintiff would not have been on the job site at the time the pipes were being cut, potentially releasing asbestos.



It was reported that the plaintiff settled with other defendants for undisclosed sums. However, with the jury verdict in favor of the defense, the plaintiff—hoping for a $30 million windfall—received nothing.



Defense verdicts like this are rare, especially coming on the heels of an October verdict in favor of the estate of a woman who died after being exposed to asbestos on the work clothes of her husband. The verdict, worth $20 million, generated headlines across the US.



"I think both sides put on the evidence in the strongest fashion they could," said plaintiff lawyer Charles A. Candon. "The judge was very evenhanded and the jury seemed to be very attentive. I think we must not have gotten across a key point or two. "



He doesn't know if his client will appeal. The verdict was handed down in Baltimore City Circuit Court.