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May 6, 2011

Smith County jury awards $322M verdict

Largest asbestos verdict in U.S. history

RALEIGH — A Smith County jury has awarded a 48-year-old Brookhaven man the single largest plaintiff's asbestos verdict in United States history.

In a case against Chevron Phillips Chemical (CP Chem) and Union Carbide Corporation, Thomas “Tony” Brown Jr., was awarded $322 million dollars for future medical expenses, pain and suffering, and punitive damages.

Brown, who worked in the oil fields of Mississippi from 1979 to the mid 80’s, was diagnosed with asbestosis and is currently on oxygen 24-hours a day. Asbestosis is a  debilitating lung disease caused by asbestos exposure and induces lung scarring and shortness of breath,  which progresses over time.  Exposure to asbestos can cause cancer and death.

Brown, who worked as a roughneck mixing drilling mud on drilling rigs in Mississippi and offshore in the Gulf of Mexico, was represented by Allen Hossley, Dawn Smith, and Ray Turcotte of the Hossley Embry law firm in Dallas, along with Gene Tullos and Gary King of Tullos & Tullos of Raleigh.

“Brown inhaled asbestos dust while mixing drilling mud sold by CP Chem and manufactured by Union Carbide,” said Allen Hossley. “Although the asbestos was known to cause cancer and lung disease, CP Chem and Union Carbide continued to market these almost 100 percent pure asbestos products long after they knew the dangers.”

The jury found that CP Chem and Union Carbide were liable to Brown for defectively designing their product and failure to provide an adequate warning.   

Hossley went on to say that many industrial companies like CP Chem and Union Carbide put innocent workers at an extreme health risk just to insure greater profits.  

“It’s my commitment to make sure that these irresponsible companies are held accountable to the lives and families that they have destroyed,” he said. “Despite stronger regulations, many people are still suffering the lasting effects from asbestos exposure.”

Brown was  unable to read and write when he started working in oil fields as a floor hand at age 16 and defendants argued that because Brown couldn’t read, he didn’t deserve protection under Mississippi’s statue requiring defendants to warn the oil-field workers about the known dangers of their asbestos drilling products.  

“The jury’s verdict made it clear that the people of Mississippi think that everyone, including the young men entering the work force that can’t read, deserve equal protection under Mississippi law,” said Dawn Smith.

Attempts to reach the defendant’s attorney’s were unsuccessful Thursday.

Representing Defendant CP Chem was Alex Cosculluela of Adams and Reese of Houston, Texas; Jeffrey Trotter of Adams and Reese of Jackson; Robert Johnson of Natchez and David Garner of Raleigh.

Representing Defendant Union Carbide was Michael Terry of Hartline, Dacus Barger Dreyer, LLP of Corpus Christi and Marcy Croft of Forman Perry Watkins Krutz & Tardy of Jackson.

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