On Jan. 13, 2009, plaintiff Darla Keating, an office manager for Kevin Cahill – State Farm Insurance Agent, was at her place of employment, in Weaverville, while Duane Heryford, a contractor, undertook repairs on the building, which had previously been damaged by an out-of-control vehicle that had crashed into it. As part of the repairs, Heryford applied Termin-8 H2O Clear Wood Preservative, which was manufactured by a JASCO Products Co., to some wood members on the exterior of the building. As the building was not airtight, some Termin-8 vapors made their way into the office area, which had remained in operation during the repairs, where Keating and others were working. As a result, Keating allegedly lost her voice and claimed to her vocal cords. Keating sued Heryford, individually and doing business as Duane Heryford Construction. Keating claimed that JASCO’s Termin-8 product should not have been applied while she was working and/or that Heryford should have warned her and the other occupants that the product being applied was potentially hazardous. She also claimed that Heryford’s conduct was below the standard of care for a general contractor. Heryford maintained that the JASCO product was not hazardous given the small amount that had been applied to the exterior of the building and that it was applied in conformance with the label’s instructions. He also maintained that the only vapors Keating breathed in were from common mineral spirits and that any fumes from the JASCO product were less hazardous than common paint thinner. Heryford further maintained that under the circumstances, his application of the JASCO product was within the standard of care for a general contractor. A chemist for Homax/JASCO testified that the only fumes Keating could have inhaled amounted to diluted paint thinner-type fumes, given that the product is 75 percent water and only contains 7 percent mineral spirits. He also testified that the active ingredient in Termin-8, zinc naphthenate, is designed to remain on and penetrate the wood surface and that it does not evaporate to any appreciable degree. In addition, Heryford claimed that the product was only applied to approximately 10 square feet of exterior wood., Keating maintained that JASCO’s Termin-8 product’s vapors permanently damaged her vocal cords, resulting in hoarseness and an inability to speak for long periods. She claimed she developed laryngitis after the exposure. Keating also claimed that she developed other symptoms due to her exposure to the JASCO product, in particular numerous and sometimes significant nose bleedsthat started shortly after the exposure. She further testified that she would sometimes have nose bleeds three to five times a day, sometimes with a heavy flow, and that she reported such symptoms to her physicians. As her job was with a State Farm agency, Keating claimed that she was required to speak constantly, but the damage to her voice caused her to be unable to return to work as the firm’s office manager. Thus, Keating sought recovery of $8,400 in medical costs, $319,000 in past lost earnings, and between $56,500 and $230,000 in future lost earnings. She also sought recovery of damages for her pain and suffering. Her husband, plaintiff Richard Keating, then in his 50s, presented a derivative claim seeking recovery for his loss of consortium. Defense counsel disputed Ms. Keating’s alleged , and the defense’s medical experts equated the alleged fumes as a nuisance or irritant-type exposure that should not have caused permanent impairment to Ms. Keating’s vocal cords. Defense counsel noted that the plaintiff’s own treating physicians testified that Ms. Keating should have developed other symptoms, if in fact her voice problems were caused by exposure to the JASCO product. However, defense counsel noted that the plaintiff’s medical records clearly showed that Ms. Keating did not experience nose bleeds, as she testified, and that one record even indicated that Ms. Keating deniedhaving any nose bleeds at all. In addition, defense counsel argued that Ms. Keating failed to mitigate her damages, noting that Ms. Keating never attempted to apply for any other type of employment, such as one that would not involve the constant use of her voice.