HOUSTON – A family has filed a lawsuit against a Texas farm supply company, claiming that their family member developed asbestos-related mesothelioma and other health issues, leading to his death, after routine exposure to the defendants' products, which contained asbestos.
Plaintiff Rita Diana Newsom, individually and on behalf of Waymon Carl Newsom, Jr., deceased, and Waymon Carl Newsom, III, filed the lawsuit in the District Court of Harris County against Milwhite, Inc., formerly known as Westex Talc Corporation, Tractor Supply Co. of Texas, also known as Tractor Supply Company, citing allegations of negligence.
According to court documents, Waymon Carl Newsome, Jr. worked on a dairy farm. In 1967, Waymon, Jr. and his spouse Rita expanded the farm to roughly 500 cows, along with hundreds of horses and goats. The lawsuit claims that Waymon, Jr. routinely used the defendants' products, which were talc powders that became airborne when applied to livestock, to treat livestock for lice, ticks and mosquitoes. According to the lawsuit, the products contained asbestos, and Waymon, Jr., unaware of the dangers of the toxic substance, was exposed to asbestos by working routinely with the defendants' products or by routinely working near others using the defendants' products.
The lawsuit claims that the defendants' were negligent in failing to properly design and manufacture products safe for consumer use, to provide proper warning of the serious health hazards of using the defendant's products, to place adequate warnings on the product's packaging, to use a material to eliminate asbestos from the defendants' products, and to recall or remove dangerous products from sale. According to the lawsuit, the defendants' knew for decades that the inhalation of asbestos was hazardous to human health but allowed their products to be sold and used anyway.
According to the lawsuit, by using the defendants' products, Waymon, Jr. developed asbestos-related mesothelioma and other serious health defects, which contributed to his eventual death.
The defendants are seeking damages in excess of $1 million for Waymon, Jr.'s pain, suffering, physical impairment, disfigurement, mental anguish, loss of earnings, medical expenses, funeral expenses, plus punitive and exemplary damages, court costs, interest, and any other relief the court deems proper. Additionally, they are seeking damages for the loss of Waymon Jr.'s love, support and consortium.
The plaintiffs are represented by attorney Patrick J. Wigle of Waters & Kraus, LLP, in Dallas.
Harris County District Court case number 2023-78692 / Court: 11