Todd Wade and Chris Ege Win Defense Verdict for Kelly-Moore Paint Company in Alameda County, California

November 1, 2012

Todd Wade and Chris Ege won a defense verdict on behalf of Kelly-Moore Paint Company in a case filed by a 53-year-old restaurant owner with peritoneal mesothelioma.  The trial proceeded before Judge Jo-Lynne Q. Lee in Alameda County Superior Court in Oakland, California. 

Plaintiff was represented at trial by Weitz Luxenberg.  He alleged exposure to five different joint compound products as well as several cement products while performing drywall work on residential projects in Merced, California during the 1960s and 1970s. Kelly-Moore was the only defendant remaining at the time of the verdict. Plaintiff sought both compensatory and punitive damages against Kelly-Moore, a manufacturer of joint compound products.

Kelly-Moore’s experts included Dr. Victor Roggli, Dr. William Dyson, Ed Van der Bogert, and Laura Dolan. Plaintiff’s experts included Dr. Barry Horn, Dr. Arnold Brody, and Robert Johnson.

After nearly three weeks of trial, the jury returned an 11 to one defense verdict for Kelly-Moore after less than two hours of deliberation.  The trial team was assisted in trial in particular by Kay Andrews, Joe Connelly and Claire Weglarz. 

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