Carl Christian Scudder vs. Air & Liquid Systems Corporation, et al

Case Background

On July 8, 2022, Plaintiff Louie Scudder filed a product liability lawsuit in the District Court of Dallas County, Texas State (Case number: DC-19-18402) due to asbestos exposure that led to his mesothelioma diagnosis. Judge Maria Aceves presided over the case.

Cause

Louie Scudder worked at La Gloria Oil and Gas Company in Tyler, Texas, for four decades, from 1958 to 1998. During his employment, he encountered extensive asbestos exposure while working around industrial equipment containing asbestos materials. Companies such as Air & Liquid Systems Corporation, CBS Corporation, and CertainTeed Corporation manufactured, supplied, and distributed these asbestos-containing products. These materials emitted toxic asbestos fibers, which Scudder inhaled daily while performing his duties.

Neither his employers nor the manufacturers warned him about the health hazards of asbestos exposure. They also failed to provide protective measures to prevent contamination. Unaware of the dangers, Scudder continued working in conditions that placed him at high risk for mesothelioma and other asbestos-related diseases.

Despite scientific evidence proving the dangers of asbestos exposure, the responsible companies did not remove the hazardous materials or issue warnings. His employer, La Gloria Oil and Gas Company, failed to implement essential safety measures such as ventilation systems, protective gear, or proper training. As a result, Scudder suffered prolonged asbestos exposure, which ultimately led to life-threatening health consequences.

Injuries

Decades of asbestos exposure caused Louie Scudder to develop mesothelioma, a rare and aggressive form of lung cancer. Over time, he experienced persistent shortness of breath, extreme fatigue, and chronic pain. His ability to perform daily tasks diminished as the disease progressed.

Doctors diagnosed him with asbestos-related mesothelioma after multiple medical evaluations. They confirmed that his condition resulted from years of inhaling toxic asbestos fibers at work. As mesothelioma advanced, he suffered excruciating pain, severe weight loss, and breathing difficulties.

Scudder underwent chemotherapy and palliative care to manage his symptoms. However, the asbestos exposure had already caused irreversible damage. His declining health placed a significant financial burden on his family. The workplace injury not only caused him physical suffering but also created deep emotional distress for his wife, Mary Ann Scudder.

Damages

The mesothelioma lawsuit included a loss of consortium claim. Mary Ann Scudder sought compensation for emotional distress, loss of companionship, and the suffering she endured as her husband’s health declined. Their relationship changed drastically due to the impact of asbestos-related mesothelioma.

The lawsuit also pursued punitive damages against the companies responsible for knowingly exposing workers to asbestos. The plaintiffs argued that these companies had been aware of asbestos dangers for years but continued manufacturing, supplying, and installing asbestos-containing materials without proper warnings. Their negligence placed countless employees, including Scudder, at risk of mesothelioma and premature death.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Louie Scudder | Carl Christian Scudder | Mary Ann Scudder
    • Counsel for Plaintiff: Ben DuBose | Allen Hossley | Greg Lisemb
  • Defendant(s): Air & Liquid Systems Corporation | CBS Corporation | Tyler MD Holdings LLC, successor in—interest to Tyler Holding Company,  f/k/a La Gloria Oil and Gas Company
    • Counsel for Defendants: James Ware | Wesley Spragu

Claims

Louie and Mary Ann Scudder’s personal injury lawsuit accused manufacturers, suppliers, and employers of contributing to his asbestos exposure and mesothelioma diagnosis. The lawsuit claimed these companies engaged in product liability by knowingly selling defective asbestos products that harmed workers. They failed to issue warnings about the dangers of asbestos, despite overwhelming scientific evidence linking it to fatal diseases.

Negligence claims alleged that both equipment manufacturers and employers failed to protect workers from hazardous conditions. The defendants ignored government regulations and did not implement safety measures. Their failure to provide protective gear or issue asbestos warnings contributed directly to Scudder’s mesothelioma.

The lawsuit also accused the defendants of gross negligence. It argued that they knowingly disregarded worker safety and continued selling asbestos products despite being fully aware of the dangers. By allowing hazardous materials to remain in workplaces, they demonstrated reckless disregard for human life. The plaintiffs contended that their actions warranted punitive damages.

Defense

The defendants denied responsibility for Scudder’s asbestos exposure and mesothelioma diagnosis. They argued that they had complied with all safety regulations and had no knowledge of the severe health risks associated with asbestos at the time. They insisted they had not intentionally exposed workers to toxic asbestos fibers.

Manufacturers and suppliers claimed their products met industry standards. They argued that third-party contractors, not them, contributed to Scudder’s occupational asbestos exposure. His employer contended that it had provided adequate safety measures, including protective equipment and ventilation. The defense also suggested that Scudder failed to take necessary precautions.

To challenge causation, the defense argued that mesothelioma could result from environmental factors or genetic predisposition. They questioned whether Scudder’s asbestos exposure had occurred outside of La Gloria Oil and Gas Company. They also claimed multiple sources could have contributed to his illness.

Additionally, the defense asserted that the statute of limitations had expired. They argued that Scudder waited too long to file his toxic exposure lawsuit, making it unfair to defend against decades-old allegations. The defendants also opposed punitive damages, insisting they had not acted with malice or reckless disregard for worker safety. They claimed they had followed available medical knowledge and adjusted their use of asbestos products as regulations evolved.

Jury Verdict

On August 13, 2024, the jury found Tyler MD Holdings LLC legally responsible for Carl Christian Scudder and Mary Ann Scudder’s damages. The jury determined that the company had acted with gross negligence. As a result, they awarded the plaintiffs $325,000 in exemplary damages, holding the company accountable for its reckless actions.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com