In January 2014, plaintiffs’ decedent Gloria Noriega, 68, was diagnosed with mesothelioma. A few weeks later, on Jan. 20, 2014, she died. Noriega’s family alleged that Noriega was exposure to asbestos when she handled and laundered her husband’s work clothing, which allegedly contained asbestos from 1968 to 1975. Her husband, plaintiff Alberto Noriega, worked as a pipefitter for various employers, but he has not yet been diagnosed with mesothelioma. Mr. Noriega and Ms. Noriega’s three daughters sued Basco Drywall & Painting Co., Westburne Supply Inc., and several other companies that manufactured and/or supplied asbestos and asbestos-containing products. Several of the defendants settled out of the case or were dismissed. Thus, the matter proceeded to trial against only Westburne Supply Inc., the successor-in-interest to P.E. O’Hair, which supplied asbestos-containing cement pipes to Mr. Noriega’s work sites. Plaintiffs’ counsel brought strict products liability claims against Westburne, alleging that Westburne’s products were defective in design and had failed the consumer expectation test, in that the products were determined to in a defective condition that was unreasonably dangerous to the consumer. Counsel also contended that Westburne failure to warn of its products’ dangerous condition. Westburne’s counsel contended that the Mr. Noriega’s employers failed to follow federal regulations and that the dangers of asbestos were unknowable to P.E. O’Hair at the time of exposure (before the company became Westburne)., Gloria Noriega died on Jan. 20, 2014. As she was only diagnosed with mesothelioma a few weeks prior, she did not have the chance to attempt any therapies. She was 68 years old, and was survived by her husband, Alberto Noriega, and her three adult children, Teresa Rowberg, Claudia Marquez, and Maria Noriega. The decedent’s family sought recovery of wrongful death damages. Westburne’s counsel contended that Gloria Noriega died from causes other than mesothelioma and that other exposures were the more likely cause of her disease.
