McNeal

FACTS

1. The Background Plaintiff Willie McNeal, Jr., was exposed to asbestos from several sources, and he was diagnosed with mesothelioma in December 2017. The jury found his asbestos exposure included the use of Old Spice talcum powder on a daily basis from 1958 to 1980, except for one year while he was in Vietnam. Talc is a naturally occurring mineral with cosmetic uses. Asbestos, a known carcinogen when inhaled, is also a naturally occurring mineral. When talc is mined, it sometimes contains asbestos (called “asbestiform minerals”). The asbestiform minerals that may be found in cosmetic talcs are chrysotile and tremolite. Plaintiff’s expert, Dr. Longo, explained that “the asbestos in cosmetic talc, like a lot of talcs, is minerals. It’s—it’s what forms along with the talc, and it’s usually in very trace levels.” Questions about the potential contamination of talc with asbestos were raised by 1971, but the connection between talcum powder and mesothelioma was not discovered until 1994.

2 After his diagnosis, plaintiff sued several defendants, including Whittaker, Clark & Daniels, Inc. (Whittaker or defendant). Whittaker was a distributor of minerals and pigments,…