Kelly-Moore Paints once used asbestos in several texture and joint compounds. These products caused exposure and illness in some workers. The company has faced over 400,000 asbestos-related claims from people who got sick as a result of asbestos exposure from Kelly-Moore products.
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Did Kelly-Moore Use Asbestos?
Many products used in the construction industry once used asbestos for its ability to insulate and add strength to materials. Kelly-Moore produced several textured paints and joint compounds that contained asbestos through the 1970s.
Kelly-Moore History
- Kelly-Moore began in 1946 when William E. Moore and William H. Kelly created a paint manufacturing facility and store based in San Carlos, California.
- Both owners saw a growing need for professional painting services in the U.S., coupled with a price that consumers could afford. Before founding Kelly-Moore, they worked for Glidden Paints.
- Moore bought out Kelly in 1952 and kept the name Kelly-Moore.
- By 1984, Kelly-Moore had 80 stores nationwide, grossing over $100 million. The company also added an additional manufacturing facility in Hurst, Texas.
- Kelly-Moore acquired Paco Textures Corporation in 1960. The company made textured paints and related products, many with asbestos. Kelly-Moore continued to make these products with asbestos until 1978.
- The asbestos fibers Kelly-Moore used to make these products came from Carey Canadian, Johns Manville, and Union Carbide.
- Although it began facing asbestos lawsuits as early as 1977, Kelly-Moore has never filed for bankruptcy or set up an asbestos trust fund.
- Flacks Group, an investment firm based in Miami, acquired Kelly-Moore in 2022.
Which Kelly-Moore Products Contained Asbestos?
Kelly-Moore made and sold many products made with asbestos throughout the 1960s and 1970s, most under the Paco brand name:
- Bedding cement
- Deco-tex ceiling texture
- Joint cement
- Joint compound
- Spray texture
- Taping compound
- Topping compound
- Texture paint
- Wall texture
Occupations Affected by Kelly-Moore
Workers in the plants that made Kelly-Moore and Paco asbestos compounds had some of the highest risks of exposure. They handled asbestos fibers or worked near them, putting them at risk of inhaling the fibers.
Kelly-Moore distributed its products to various businesses and consumers across the globe, numerous workers in different occupations were injured and now face life-threatening diseases. Some of the occupations affected by Kelly-Moore products include:
- Shipyard workers
- Construction workers
- Drywallers
- Plasterers
- Carpenters
- Insulators
- Demolition workers
- Maintenance and repair workers
Workers with the highest risks of exposure sanded asbestos materials, releasing fibers. Anyone who worked around sanding was also at increased risk of inhaling the airborne fibers.
Many Kelly-Moore asbestos products went into residential homes. Homeowners who did repairs or renovations could have been exposed to asbestos fibers. Some of the biggest risks occurred when removing textured finishes from ceilings and walls.
Kelly-Moore Asbestos Lawsuits
Thousands of injured workers and homeowners have filed lawsuits against Kelly-Moore. These are some examples of successful cases against Kelly-Moore:
- Hawaii settled with several companies for a total of $5.8 million in 2001. The state attorney general sued Kelly-Moore and several other companies over the use of asbestos materials in state buildings. This is a rare case of a state recovering damages from asbestos companies.
- Robert Tregget won a $36.6 million jury award in California in 2004. He sued Kelly-Moore and other companies after getting sick from using asbestos-containing joint compound in his own home. Kelly-Moore was held liable for 14% of the damages.
- Alfredo Hernandez developed mesothelioma after working in construction for many years. He used joint compounds that contained asbestos, including those sold by Kelly-Moore. He was diagnosed with mesothelioma at the relatively young age of 47. Hernandez received a $55.5 million settlement.
Kelly-Moore’s Asbestos Lawsuit Against Union Carbide
In 2004, Kelly-Moore filed a lawsuit in Texas against the Union Carbide Corporation after claiming that the company sold numerous asbestos-containing products (which Kelly-Moore used in its own products) without adequate warning of the hazardous risks.
At the time of the lawsuit, Kelly-Moore already had 480,000 asbestos-related claims against it and wanted to relieve the burden by blaming another company.
According to the Los Angeles Times, Union Carbide sold chrysotile asbestos to Kelly-Moore, used as a thickening agent in paints and paints products. Kelly-Moore claimed the company tricked them into buying chrysotile and reportedly stated Union Carbide presented it as a safe mineral.
After deliberations, a jury cleared Union Carbide from liability, resulting in Kelly-Moore again facing a string of asbestos-related lawsuits.
“Clearly this was a blatant attempt by Kelly-Moore to duck responsibility for their own customers and legal troubles and shift the blame to a minor fiber supplier,” said Union Carbide’s attorney.
Kelly-Moore decided against filing for Chapter 11 bankruptcy, unlike most companies with such high amounts of pending asbestos cases.
Many workers injured by the company’s products have received millions via settlements. In 2005, the company attempted to retry the Union Carbide lawsuit, but a Texas judge denied the motion.
If You Were Exposed to Kelly-Moore Asbestos Products
If you worked with Kelly-Moore asbestos products, you could be at risk for serious illness. Let an experienced asbestos lawyer help you determine your next steps.
Kelly-Moore did not set up an asbestos trust fund or file for bankruptcy, so they can still be sued. An experienced mesothelioma lawyer can help you find any other companies from your work history that could be held liable for damages.
Resources for Asbestos Victims
If you’ve been injured by asbestos, keep in mind that there is a good chance that you’ll qualify for considerable compensation. Don’t forget to fill out our form for our free Financial Compensation Packet, filled with information on the experienced asbestos and mesothelioma attorneys in your area. If you have questions or need additional assistance, contact us at 800-793-4540.
Paul Danziger
Reviewer and EditorPaul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.
References
- Kelly-Moore. (n.d.). About Kelly-Moore Paints.
Retrieved from: http://kellymoore.com/company - Company News; Man Wins $55 Million Verdict Against Kelly-Moore Paint. (2001, August 31). The New York Times.
Retrieved from: https://www.nytimes.com/2001/08/31/business/company-news-man-wins-55-million-verdict-against-kelly-moore-paint.html - Girion, L. (2004, October 23). Union Carbide Cleared in Kelly-Moore Asbestos Suit. Los Angeles Times.
Retrieved from: https://www.latimes.com/archives/la-xpm-2004-oct-23-fi-asbestos23-story.html - Coatings World. (2022, October 7). Flacks Group Acquires Kelly-Moore Paint Company.
Retrieved from: https://www.coatingsworld.com/contents/view_breaking-news/2022-10-07/flacks-group-acquires-kelly-moore-paint-company/ - State of Hawaii Department of the Attorney General. (2001, August 13). Succesful Settlement to Asbestos Case.
Retrieved from: https://ag.hawaii.gov/wp-content/uploads/2012/11/2001-29-Successful-Settlement-to-Asbestos-Case.pdf - The New York Times. (2001, August 31). Company News; Man Wins $55 Million Verdict Against Kelly-Moore Paint.
Retrieved from: https://www.nytimes.com/2001/08/31/business/company-news-man-wins-55-million-verdict-against-kelly-moore-paint.html