Paint Firm Seeks New Trial Over Asbestos

Kelly-Moore Paint Co., which lost a lawsuit against Dow Chemical Co.’s Union Carbide unit over asbestos liability, said Friday that it had discovered evidence of juror misconduct and would seek a new trial.

Kelly-Moore, which sought about $1.5 billion from Union Carbide as reimbursement for asbestos claims, said in court filings in Angleton, Texas, that three jurors said that members of the panel had discussed the case before the closing arguments and read news accounts of the case on the Internet.

On Oct. 22, the jury voted 11 to 1 against Kelly-Moore’s claim that Union Carbide had committed fraud in its sales of asbestos-laden materials used for building tape. Kelly-Moore lawyer Mark Lanier said to win a retrial he’d have to prove that the misconduct would at least have resulted in a hung jury of 9 to 3.

“We’re disappointed that Kelly-Moore would attack the jury after conducting a six-week trial in which they fulfilled their responsibilities, and we don’t believe there’s any basis for these claims,” said Union Carbide spokesman Scot Wheeler.

San Carlos, Calif.-based Kelly-Moore sued to recover its costs from personal-injury suits related to its sale of Union Carbide building materials containing asbestos in the 1960s and 1970s. The paint company claimed Union Carbide lied about the health risks of the asbestos. The jury decided that Dow hadn’t committed a fraud in its sales of the asbestos product.