82-Year-Old With Mesothelioma Files Claim Against Asbestos Companies
In November 2023, James Blair Sarjeant and his wife filed a lawsuit accusing multiple companies of negligently exposing him to the asbestos that caused his malignant mesothelioma. Among the products the 82-year-old specifically blames for his illness are Kaiser Gypsum joint compound and other items he used during home remodeling projects and personal home construction he performed from the late 1960s through about 1980.
Mesothelioma Victim Recalls Dusty Work
According to his deposition testimony, the mesothelioma victim recalled that working with Kaiser Gypsum’s products was the dustiest work he had ever encountered. He recalled handling, applying, sanding, and cleaning up the products in 1969 during the installation of drywall on the ceiling of his personal residence, and being present when drywall was hung during the construction of a new home in the early 1970s. He said that he had personally swept the dust created by the work and disposed of it.
Mr. Sarjeant recalled additional exposures to Kaiser Gypsum products that he blames for his mesothelioma, including trips to his vacation property in Baja, Mexico, where he put up walls and ceilings using Kaiser Gypsum materials that he purchased in California to take with him and then drove to Baja to do the work. During this time, Mr. Sarjeant both personally handled, mixed, applied, sanded, swept, and cleaned up, or was near others doing this work in his presence. He said he was left with visible dust on his hair, clothing, the floor, and all other surfaces, which he breathed.
Failure to Warn At the Heart of Mesothelioma Claim
In pursuing his mesothelioma claim against Kaiser Gypsum, Mr. Sarjeant notes that he had no way of knowing he was being exposed to asbestos because the company provided no notice that their products contained the material. They also did not warn of its dangers or that he should not breathe in dust from their products.
In presenting his case, Mr. Sarjeant noted the toll that his mesothelioma diagnosis had taken on him, which was exacerbated by the sudden death of his wife in July 2024. He is claiming that the company was negligent in its design, marketing, sale, and supply of the products and of its failure to warn about its dangers or to recall it upon learning of the hazards it posed to human health.
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