EL PASO, Texas, Feb. 24 /PRNewswire/ -- The Dallas law firm of Baron & Budd, P.C., has announced a $5.2 million jury verdict delivered today on behalf of a local tradesman who died less than a year after discovering he had contracted a fatal disease caused by his exposure to asbestos fibers.
The family of Luis Ytuarte Jr. was represented by attorneys Allen M. Stewart, a shareholder in Baron & Budd, and Enrique Moreno of El Paso's Law Office of Enrique Moreno. Baron & Budd associates Chris Panatier and Tiffany Newlin also represented the Ytuarte family.
Mr. Ytuarte, a World War II veteran, worked at Phelps Dodge Refining Corp. in El Paso from 1948 through the mid 1980s. During his work as an insulator, brick mason and laborer, Mr. Ytuarte frequently handled "Insulag" brand insulation manufactured by New York-based Quigley Co. Inc., a subsidiary of Pfizer Inc. Insulag is a powdered insulation used to protect furnaces, pipes and boilers.
Documents in the case showed that Quigley Co. officials knew as early as 1959 that the asbestos in Insulag could cause health problems for workers like Mr. Ytuarte. However, the company continued to sell the product until 1974.
In February 2002, Mr. Ytuarte was diagnosed with mesothelioma, a rare form of cancer caused solely by asbestos exposure. He died at the age of 77 on Nov. 2, 2002, leaving behind his wife, Estela, as well as three children and many grandchildren.
"The Ytuarte family is looking forward to closing this sad chapter in their lives, and today's verdict is the first step," says Mr. Stewart, who served as lead counsel for the Ytuarte family. "We are grateful that the jury decided to hold the defendant responsible for failing to warn Mr. Ytuarte about the asbestos exposure that eventually took his life."
The effects of asbestos exposure, including the onset of diseases like mesothelioma and asbestosis, can take years or even decades to surface. Mr. Ytuarte lived for nearly 30 years before his symptoms began. He died less than 10 months after his initial diagnosis.
The jury of five men and seven women returned their verdict at approximately 10:30 a.m. local time today after more than two hours of deliberations following the trial that began Feb. 18. After finding Quigley Co. negligent for failing to warn Mr. Ytuarte about the asbestos dangers of Insulag, the jury awarded Mr. Ytuarte's family $2.706 million in compensatory damages and $2.5 million in punitive damages.
Quigley Co. was represented by James H. Powers of Houston's Powers & Frost; Timothy J. Hogan of Houston's Beirne Maynard & Parsons; and Carlos Rincon and Stacy Zavala of El Paso's Delgado, Acosta, Braden & Jones.
If you would like more information about this case, please contact Bruce Vincent at 214.559.4630 or pager 888.361.8452.
CONTACT: Bruce Vincent, +1-214-559-4630, or pager, +1-888-361-8452, for Baron & Budd
COPYRIGHT 2004 PR Newswire Association, Inc.
COPYRIGHT 2004 Gale Group
