HOUSTON – An appeal that apparently warranted three separate opinions concluded with justices affirming a summary judgment win for Union Carbide in an asbestos lawsuit.
The suit was brought by the adult children of Janet Goehring and alleges asbestos fibers in products sold by Union Carbide were a substantial factor in causing her fatal mesothelioma.
Court records show a trial court granted Union Carbide’s motion for summary judgment, which argued the plaintiffs could produce no evidence that the company’s product was a substantial factor in causing Goehring’s mesothelioma.
The plaintiffs appealed the ruling, and on March 2 the 14th Court of Appeals affirmed.
“In response to Union Carbide’s no-evidence motion for summary judgment, appellants failed to present scientifically reliable expert testimony or epidemiological evidence demonstrating that Janet’s exposure to Union Carbide asbestos products more than doubled her risk of developing mesothelioma,” the 14th Court’s plurality opinion states.
“Accordingly, the trial court did not err in granting summary judgment for Union Carbide.”
Justice Randy Wilson concurred but declined to join the 14th Court’s plurality opinion.
Justice Margaret “Meg” Poissant dissented, believing the plaintiffs have shown the requisite causation through reliable expert testimony.
The plaintiffs are represented by attorney Kirk Pittard of Durham, Pittard & Spalding and attorney Allen Hossley of Hossley & Embry.
Houston attorneys Walter Lynch and Kevin Jordan represent Union Carbide.
Appeals case No. 14-18-01027-CV