Despite Texas Company’s Objections, Oklahoma Mesothelioma Victim Can Keep Jury Award
Michael Galier has happy childhood memories of visiting Oklahoma construction sites with his dad and playing at those sites with his brothers, but those fun times were also the cause of his malignant mesothelioma. When he filed suit against the Texas company whose asbestos he’d been exposed to as a child, they claimed they could not be held liable in Oklahoma. The courts disagreed.
Mesothelioma Victim’s Childhood Playthings were Deadly
According to evidence presented in his mesothelioma lawsuit, Michael Galier and his brothers spent many childhood days visiting their father’s construction sites. Those sites were in Moore, Oklahoma, and the boys would play and help to sweep up the debris and drywall dust left behind by subcontractors. They’d frequently put the dust into paper bags and then throw them at each other, calling them grenades. They also threw dried clumps of drywall joint compound at each other. All of those materials were made with asbestos, the mineral that causes malignant mesothelioma.
After his mesothelioma diagnosis he remembered his childhood play, and realized that the products he’d played with were contaminated with asbestos. He remembered that they’d been branded with Murco Wall Products’ name, and filed a product liability and negligence lawsuit against the Texas-based company. Though Murco objected to being tried in an Oklahoma court, their argument was denied and a jury heard the case. The company was determined to be forty percent responsible and ordered to provide compensation to Mr. Galier.
Texas Company Files Repeated Appeals of Mesothelioma Decision
Not satisfied with the original court’s decision or with being held responsible for Galier’s mesothelioma, Murco filed an appeal with the Court of Civil Appeals, where it was confirmed. They then appealed the decision to the Supreme Court of Oklahoma, which again affirmed the lower courts’ decisions.
In its decision, the court noted the company’s assertion that there was no direct link between their product and Mr. Galier’s exposure and mesothelioma, but said that this level of proof was not required. They also said that the Texas company’s nonresident status did not keep them from being accountable to residents of Oklahoma because they had actively pursued the Oklahoma market for joint compound. The judges ruled that the company needs to take responsibility for the damage caused by their product.
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