Hamilton Materials Ordered to Pay $2.8 million To A New Mexico Carpenter with Asbestosis

Here's a piece of today's press release:

"A San Francisco jury awarded Harold Phelps and his wife Neva over $2.8 million in damages because of Mr. Phelps’ on-the-job exposure to asbestos.

Mr. Phelps, who is 77 years old, suffers from terminal asbestosis, which is a painful scarring of the lungs. He is dependant on oxygen 24 hours a day. The Las Cruces, New Mexico, resident had to be driven to San Francisco for the trial because the airlines would not allow his liquid oxygen on board the plane.

Mr. Phelps worked as a mechanic, laborer and carpenter. He was likely first exposed to asbestos as a child when he delivered lunch to his father at work in a locomotive roundhouse. Mr. Phelps was later exposed to asbestos during his years in the U.S. Navy and the U.S. Army, while working in the construction industry, and while working as a mechanic replacing automotive brakes, clutches and engines.

At no time during his career was Mr. Phelps advised to wear any form of respiratory protection. Hamilton Materials, the defendant, manufactured asbestos drywall finishing materials that Mr. Phelps was exposed to during his work as a carpenter and laborer.

The trial lasted just over three weeks and was presided over by the Honorable James McBride. The jury deliberated for five days before finding Hamilton Materials liable. They determined that Hamilton Materials products were defectively designed, that the company had failed to provide adequate warnings, and that it was negligent.

Christopher E. Andreas of Brayton Purcell represented Mr. Phelps. 'The jury members were very touched by the Phelps’ predicament,' Mr. Andreas commented. 'The couple has been happily married for over 57 years. A number of jurors even went so far as to request the Phelps’ address so that they could write to them. As one juror put it...‘this was one of the most unique and amazing experiences I have ever had.'"

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