HOUSTON – The First Court of Appeals recently affirmed a summary judgment win in favor of the Atlantic Richfield Company in an asbestos lawsuit alleging wrongful death.
In 2010, Thelma Mullins, representing the estate of Donald Mullins, filed suit against ARCO, alleging that her late husband was exposed to asbestos while working at the company’s petrochemical plant.
Thelma claims Donald’s alleged exposure caused him to develop mesothelioma, which led to his death in 2008.
The suit asserts Donald worked at ARCO’s plant from 1967 to 1983 and was exposed to asbestos-containing products.
After answering the suit, ARCO filed a no-evidence motion for summary judgment, asserting that Thelma could produce no evidence regarding the element of causation, court records show.
After the trial court found in ARCO’s favor, Thelma appealed, arguing that she presented more than a scintilla of evidence regarding the element of causation.
On July 13, the First Court held that the trial court properly granted ARCO’s no-evidence motion for summary judgment.
“Because she offered no direct evidence of causation, Thelma was required to offer scientifically reliable expert testimony that Donald’s asbestos exposure at ARCO’s plant more than doubled his risk of contracting mesothelioma,” the opinion states. “Thelma did not offer any doubling-of-the-risk evidence.”
“For this reason, and because she did not offer competent evidence of dose, we conclude that Thelma failed to offer more than a scintilla of evidence of causation, an element required for her negligence theories of recovery.”
Thelma is represented by Fort Worth attorney Scott Wert.
ARCO is represented by Joseph Blizzard, Thomas Taylor, Raymond Randle Jr. and Cameron Pope, attorneys for the Hunton Andrews Kurth law firm.
Appeals case No. 01-20-00013-CV