Noteworthy results

Wagoner v. Arkema, Inc., et al.

The plaintiff was a 74 year old woman who had been diagnosed with mesothelioma, allegedly caused by plaintiff’s exposure to asbestos products while working in dental offices over several decades.  The plaintiff sued our client, a dental products distributor, claiming it had provided asbestos containing products at all of her work sites.

After painstaking investigation and a strategically executed discovery plan, Mr. Reyen was able to establish that the plaintiff had not been exposed to asbestos in the dental setting, but that she had been exposed to amphibole forms of asbestos earlier in life.  The investigation and discovery conducted on behalf of the client revealed that the plaintiff’s sister had also been diagnosed with mesothelioma, a fact which the plaintiff concealed at her deposition.  These efforts resulted in the dismissal of the case for a nuisance value in the face of a previous high seven-figure settlement demand.


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