Justice In California — This same case, same facts in Texas, due to Tort Reform, is now worth much less than in California. Same Suffering, Same Facts. How Sad.

Due to tort reform in Texas, many law firms have moved to California.  The following case is not a CDK case, however it is interesting to note.  In Texas, this case would have to overcome a Borg-Warner Motion for Summary Judgment.         

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In Ivance v. Rich-Tex., Inc., Cal., San Francisco Co. Super., Cause No. 419435, March 14, 2007, Plaintiffs brought a cause of action on behalf of their father who had been a drywall taper during a portion of his working career from 1963 to 1977. 

Plaintiffs case is a joint compound, unreasonably dangerous product as well as a wrongful death cause of action.  The Plaintiff, Mr. Ivance, died from respiratory failure at 74 years of age, and a pathology report revealed the presence of severe asbestos-related pleural disease and emphysema.   

The California jury found for the Plaintiffs and awarded damages.

IF YOU OR SOMEONE CLOSE TO YOU WORKED WITH OR AROUND DRYWALL PRODUCTS DURING THE 50′S, 60′S, OR 70′S, TALK TO YOUR HEALTH CARE PROFESSIONALS ABOUT YOUR WORK HISTORY AS WELL AS AN ASBESTOS SCREENING.