ELR Citation: ELR 20133
No(s). 72-1492 (5th Cir. Sep 10, 1973)

The Fifth Circuit Court of Appeals holds several manufacturers of insulation materials containing asbestos strictly liable in tort for damages for asbestosis and mesothelioma contracted over a 33-year period by an industrial worker. The manufacturers failed not only to test their products of adverse affects, but also to avail themselves of the scientific knowledge regarding the dangers of asbestos which has been in the public domain for over 30 years. These dangers make the defendants' asbestos products unreasonably dangerous to the ultimate user and thus defective within the meaning of the Restatement of Torts, §402a. Even if the dangers had only recently become known, the manufacturers would still be liable, notwithstanding the fact that plaintiff contracted the disease much earlier, since the disease is cumulative, and even the most recent exposure to asbestos dust could have contributed to plaintiff's overall condition.

Counsel for Plaintiff
Ward Stephenson
712 W. Division
Orange, TX 77630

Counsel for Defendants
George A. Weller
Weller, Wheelus & Green
P.O. Box 350
Beaumont, TX 77704

George E. Duncan
Wells, Duncan, Beard, Greenberg & Hunt
515 Beaumont Savings Building
P.O. Box 3708
Beaumont, TX 77701

John G. Tucker
Orgain, Bell & Tucker
Beaumont Savings Building
Beaumont, TX 77701