Partner Timothy McGowan Leads Team to Defense Verdict in Historic Rhode Island Asbestos Trial
November 2024Partner Timothy McGowan led a defense team to a unanimous verdict in a significant asbestos case tried in Rhode Island Superior Court, marking the first such trial in the state in nearly four decades. The trial, which concluded on November 21, 2024, before Associate Justice Richard A. Licht in Providence County, resulted in a complete defense victory for Union Carbide Corporation in a complex wrongful death action.
The case centered on allegations of “take-home” exposure, where the plaintiff’s estate sought nearly $25 million in compensatory damages. The claim involved exposure to asbestos fibers through laundering work clothes between 1966 and 1985, specifically related to dust from Georgia-Pacific joint compound containing Union Carbide’s Calidria chrysotile asbestos. The plaintiff developed peritoneal mesothelioma in 2018.
Our defense team successfully demonstrated that the evidence of exposure to Union Carbide’s Calidria was insufficient and challenged the medical basis for causation in peritoneal mesothelioma cases. After nine days of trial and two days of deliberations, the jury concluded that Union Carbide’s Calidria asbestos was not defectively designed and that the company had provided adequate warnings about potential health hazards to its customers.
The successful defense effort was led by Mr. McGowan along with valued co-counsel Eric Cook of Willcox Savage and Monica R. Nelson of Lewis Brisbois Bisgaard & Smith LLP, with appellate support from Elliott Davis of Shook Hardy & Bacon. Mr. McGowan was aided by the tireless assistance of Kelley Jasons attorneys Joseph Vassalotti and Lainey Anderson.
This verdict represents a significant precedent in Rhode Island asbestos litigation and demonstrates our firm’s continued leadership in complex product liability defense. The case showcases our ability to successfully manage and try sophisticated matters involving challenging scientific and medical evidence.
For more information about our product liability practice or this significant victory, please contact Timothy McGowan.