Mealey's (July 27, 2016, 12:32 PM EDT) -- JACKSONVILLE, Fla. — A Florida federal jury on July 26 found that Dexter-Hysol Aerospace LLC and Henkel Corp. did not negligently design an adhesive that was a legal cause of loss, injury or damage to an aviation structural mechanic who was allegedly exposed to asbestos-containing products during his career in the U.S. Navy (Marsha K. Dugas, et al. v. 3M Co., et al., No. 14-1096, M.D. Fla.).
(Verdict form available. Document #01-160817-014V.)
The jury in the U.S. District Court for the Middle District of Florida said Dexter-Hysol and Henkel did not negligently design the adhesive or negligently fail to warn of risks involved in its use.
Marsha K. Dugas on Aug. 14, 2014, sued 13 companies whose conduct allegedly exposed Darryl Dugas to asbestos, leading to his death from malignant pleural mesothelioma on Aug. 12, 2015.
Claims
As to Dexter-Hysol and Henkel, Marsha Dugas asserted causes of action for negligence and strict liability for injuries allegedly caused by Dugas’ exposure to Dexter-Hysol’s EA934 aircraft adhesive and a number of similar adhesives made by other manufacturers while in the Navy between 1967 and 1971.
In a July 19 for motion for judgment as a matter of law regarding damages, Dexter-Hysol and Henkel said Darryl Dugas testified that he worked with adhesives numbered 245, 345 and 945 and could identify 934 only after being led by his counsel. The defendants said Dugas said that he and his co-workers would mix adhesives, apply them in small dents and dings in an aircraft frame and allow them to dry, then file them smooth.
“This was not the intended use of EA 934, nor was it a foreseeable use during the relevant time period EA 934 would be used in the manner as described by Mr. Dugas,” Dexter-Hysol and Henkel claimed. “Plaintiff alleges, despite Mr. Dugas’ testimony he wore a mask to prevent inhaling dust, Mr. Dugas was exposed to asbestos.”
Dexter-Hysol and Henkel’s motion asked Judge Brian J. Davis to grant it judgment as a matter of law on Dugas’ claim for loss of net accumulations plus medical expenses. Dugas opposed the motion in a July 20 brief.
Counsel
Dugas is represented by W. Mark Lanier, H.W. “Trey” Jones, Mark A. Linder, Case A. Dam and Ethan A.H. Horn of the Lanier Law Firm in Houston and Alan M. Pickert of Terrell Hogan PA in Jacksonville. Dexter-Hysol and Henkel are represented by Kristen M. Van Der Linde and Billie Jo Taylor of Boyd & Jenerette in Jacksonville.
(Other documents available: Defense motion for JMOL. Document #01-160817-015M. Plaintiff’s brief in opposition. Document #01-160817-016B.)...