August 30, 2001-Man Awarded $55.5 million in El Paso Asbestos Suit
Jurors returned a verdict of more than $55.5 million late Wednesday for an El Paso man and his family based on a finding that the man's asbestos-related cancer was caused by his exposure to asbestos-containing products manufactured by Kelly-Moore Paint Co. Inc. Jurors returned their verdict after seven hours of deliberations following the three-week trial. San Carlos, California-based Kelly-Moore was the lone remaining defendant in the case.
The plaintiff, Alfredo Hernandez Sr., 47, was employed as a residential construction worker in California in the early to mid 1970's. Evidence in the case showed that Mr. Hernandez was exposed to asbestos while working with Kelly-Moore's PACO joint compound and wall texture products, both of which contained asbestos. The jury found that Kelly Moore's products were the only cause of Mr. Hernandez' asbestos cancer.
Kelly-Moore officials continued to produce the PACO asbestos products for years after discovering its dangers, and could have easily prevented Mr. Hernandez' asbestos-related cancer. The jury of six men and six women learned that Mr. Hernandez was diagnosed with mesothelioma in July of last year following a family vacation in Mexico where he suffered from shortness of breath. Mesothelioma is a fatal cancer caused by asbestos exposure. As part of the jury's verdict, Mr. Hernandez' wife, Elizabeth, was awarded $5.515 million and Mr. Hernandez's four children were awarded $14 million. Jurors awarded $15 million in punitive damages against Kelly-Moore.
In all asbestos cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of injury caused by asbestos exposure, call now at or CLICK HERE TO SUBMIT A CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.