According to the National Law Journal, Bobbie Izell, and his wife, Helen, were represented by Dallas-based law firm Baron & Budd in what was the largest asbestos-based award in the US so far this year.
Possible appeal
Houston-based chemical manufacturer Union Carbide -- which the jury found responsible for $37.5 million of the verdict – said, through spokesman Scot Wheeler: ‘The verdict in this case is outrageous and unsupported by the facts or applicable law… The credible evidence introduced at trial clearly demonstrates that asbestos from Union Carbide did not cause Mr Izell's disease. Union Carbide has strong grounds for appeal and believes the verdict will be completely set aside by post-trial motions or through the appellate process.’
Baron & Budd partner John Langdoc said the verdict includes $18 million in punitive damages against Union Carbide. ‘The punitive damages don't have anything to do with anybody else in the asbestos litigation, but it does say something about the severity of the corporate conduct with respect to Union Carbide,’ he said.
Compensatory damages
Of the total compensatory damages, 1 per cent was levelled against Parex USA, part of France's Materis; 3 per cent against CalPortland; 6 per cent against Amcord; 20 per cent against Kaiser Gypsum, and 65 per cent against Union Carbide, a subsidiary of Dow Chemical.
Jerry Popovich, a partner at Los Angeles-based firm Selman Breitman -- who represents Amcord - said the jury's award against his client was ‘excessive’, adding that post-trial motions would likely follow as would an appeal if necessary.
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