Judges from California’s appellate court gave new life to a lawsuit filed by a mesothelioma victim against Union Carbide. Alvarino F. DaSilva and his wife, Dianna, had previously seen their claim against the company dismissed by an Alameda County Superior Court judge, but the appeals court agreed that the lower court’s decision was made in error, allowing their case to continue.
Mesothelioma Victim and Brother Both Developed Cancer After 1970s Drywall Work
The DaSilvas blame his mesothelioma on his having inhaled asbestos fibers when remodeling his aunt’s home in the late 1970s. The defendant, Union Carbide, sold drywall finishing products, including joint compounds, to Hamilton Materials Inc. between 1959 and 1977. According to the couple’s claim, Alvarino and his brother Joe used those products while remodeling their aunt’s home beginning in 1976 to create a new bedroom, with the project continuing through 1977, and some work bleeding into 1978. After sanding the company’s joint compound when it dried and cleaning up, the air was filled with asbestos dust. Both men developed mesothelioma years after the asbestos exposure, and Joe eventually passed away from the asbestos-related cancer.
The mesothelioma lawsuit named Union Carbide Hamilton because it sold a multipurpose joint compound used for initial coats to embed tape between drywall sheets and cover nail holes that contained asbestos. Because the company also sold a topping joint compound that did not contain asbestos, which was used as a final coat, Union Carbide filed a motion for summary judgment asserting that the DaSilvas brought no evidence showing the Hamilton products used during the remodeling contained asbestos supplied by the defendant. They argued that reasonable jurors would not have enough evidence to infer Joe had worked with the multipurpose compound containing asbestos rather than the topping non-asbestos compound. The judge agreed and granted the company’s motion to dismiss the case.
Appeals Court Reverses Lower Court’s Decision in Mesothelioma Claim
In response to that dismissal, the mesothelioma victim filed an appeal, and this week, the California appellate court handed down its decision. The judges disagreed with the lower court, ruling that there was enough evidence to allow a jury to find it more likely than not that Alvarino encountered a Hamilton compound containing asbestos. The justices referenced testimony that all of Hamilton’s multipurpose compounds contained asbestos through 1977 and that all asbestos used in commercially produced compounds was supplied by Union Carbide from at least 1970 through 1977—the exact timeframe when both brothers were exposed during the remodeling work that eventually caused their illnesses. The case will move on for a jury to decide.
If you or someone you love has been diagnosed with mesothelioma, there are many resources available to help you with all the challenges you’ll face. For more information, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.
