McGowan and KJMSHR Team Obtain Defense Verdict in Allegheny County
February 2023On February 9, 2023, an Allegheny County jury returned a unanimous defense verdict for Union Carbide after less than 30 minutes of deliberation. KJMSH&R’s Tim McGowan served as lead trial counsel.
The case, Bernard Porzucek v. 84 Lumber, et. al., (GD 15-013568) involved a claim that the decedent, Margaret Porzucek, developed peritoneal mesothelioma upon secondary exposure to asbestos from washing the work clothes of her son who sanded joint compound for drywall work for 2 summers in early 1970’s. Plaintiff focused this claim solely upon Union Carbide as an alleged ‘exclusive supplier’ of chrysotile asbestos fiber, called Calidria, to Georgia Pacific for use in Ready-Mix joint compound. Plaintiff proceeded under a consumer expectation theory of strict liability and claimed that the product was defective in design and lacked proper warnings. The Court, on Plaintiff’s motion, precluded Union Carbide from putting on evidence of the warnings it provided to Georgia Pacific even though Plaintiff presented a failure to warn theory at trial.
Despite this obstacle, Mr. McGowan set about educating the jury on the scientific and medical aspects of Union Carbide’s defense through the expert testimony of Dr. Victor Roggli and Dr. James Crapo. The jury found that Union Carbide’s product was not defective. Mr. McGowan’s trial counsel partners were Gina Aiello Jordt of Mayer Brown and Anna Pieschel of Shook Hardy & Bacon. KJMSH&R attorneys Chris Arnold and Danielle Marcus were involved in working this case up and supported Mr. McGowan and his co-trial counsel at the trial of this matter.