The Washington State Appeals Court has upheld a $13.5 million verdict against Kaiser Gypsum Co. Inc., (1) dismissing the company’s bid for a new trial in a lawsuit linking asbestos in its drywall joint compound to a man’s mesothelioma. The ruling, issued Tuesday, marks a significant victory for Raymond Budd and his wife, Vickie Budd, affirming the trial court’s decisions on various aspects of the case.
According to the lawsuit, Budd, who worked with Kaiser’s drywall joint compound from 1962 to 1972, was diagnosed with mesothelioma due to exposure to chrysotile asbestos in the product. The verdict in favor of the Budds was reached after a trial where Kaiser was the sole defendant.
Kaiser’s objections to several trial proceedings, including jury selection and the handling of trial transcripts, were dismissed by the appeals court. The court rebuffed Kaiser’s claims that COVID-19 precautions during jury selection compromised randomness, stating that the process was fair and within legal bounds.
Moreover, Kaiser’s efforts to correct a transcript error regarding expert testimony were rejected by the court, which deemed the error inconsequential to the jury’s verdict. The court emphasized that the jury was instructed to rely on testimony rather than transcripts as evidence.
In addressing Budd’s failure-to-warn claims, the court found sufficient evidence presented at trial, including testimony on proper warning standards and Budd’s adherence to product instructions, to support the jury’s findings.
The appeals court also upheld the trial court’s decisions regarding evidentiary matters, including the exclusion of certain prejudicial evidence and the admission of evidence regarding Kaiser’s products after Budd’s alleged exposure.
Responding to the ruling, Alexandra Brett Caggiano of Weinstein Caggiano PLLC, representing Budd, expressed satisfaction with the outcome, praising the trial court’s meticulous adherence to legal procedures. Caggiano credited the “very smart jury” for discerning the facts of the case.
Meanwhile, an attorney for Kaiser indicated that the company is reviewing the decision and may pursue further appeals.
The three-judge panel of the Court of Appeals of the State of Washington, comprising Judges John Chun, Lori Smith, and Stephen Dwyer, presided over the case.
