L.A. Jury Finds $52.4 Million in Damages in Silicosis Case

LOS ANGELES – In the first high-profile case concerning engineered stone and lung disease, a jury here assessed more than $52 million in damages to a former fabrication worker on Aug. 7.

The civil-court decision sided with Gustavo Reyes-Gonzales, a 34-year-old shop employee, in a trial involving two surface manufacturers –Caesarstone Ltd. and Cambria Company LLC — and one distributor, Color Marble Inc. of Diamond Bar, Calif.

The case, originally filed in September 2022, listed more than 130 defendants in the interim, with the jury trial focused on the three companies. James Nevin, one of Reyes-Gonzales’ attorneys, told local media that other companies in the suit made confidential settlements before the trial

Reyes-Gonzales worked at several shops in Southern California before being diagnosed with illnesses related to silicosis. He went through a double-lung transplant and is likely to need another transplant in the near future.

The case involved the use of engineered stone – quartz surfaces – and the high content of silica in the surfaces. Fabrication without suppressing dust coming from the material can fill the air with crystalline silica, which can cause the lung disease of silicosis if inhaled by improperly protected workers.

Attorneys for the three companies argued that fabrication shops were at fault for safety conditions, according to a report in the Los Angeles Times. Lawyers for Caesarstone and Cambria noted that their companies stressed methods for safer handling and fabrication. Color Marble counsel contended that there was no proof any of the slabs Reyes-Gonzales handled were furnished by the company.

Reyes-Gonzales and fellow workers, meanwhile, noted that they were unaware of safety concerns and didn’t receive proper instruction or protective gear, according to the Times.

The jury agreed with Reyes-Gonzales’ claim that all three companies were negligent. On two other parts of the suit – the failures to warn about the product or design defect – the jury split, finding against Caesarstone and Cambria, but in favor of Color Marble.

The claim decisions weren’t unanimous. At least two jurors voted to reject every claim against the defendants, with three disagreeing with the design-defect claim. The design-defect decisions were 9-3 votes, which is the minimum needed in California civil cases.

The jury voted unanimously, however, on the damages in the case, setting Reyes-Gonzales’ economic loss at $8,257,366, and past/future non-economic loss at $44,180,000.

The three defendants won’t bear anywhere near the total $52.4 million award. The jury attributed the percentage of cause as 15% to Caesarstone, 10% to Cambria, 2.5% each to Color Marble and Reyes-Gonzales himself, and 70% to an unspecified “ALL OTHERS.”

Cambria’s counsel told the Los Angeles Daily Journal that the manufacturer “intends to explore all options regarding the appellate process.” They also stated that employers are responsible for following all state and federal laws concerning workplace safety, and “the evidence was clear that his (Reyes-Gonzales’) employers failed to take any precautions to protect him.”

Nevin, who firm Brayton Purcell LLP represented Reyes-Gonzales along with Metzger Law Group, told the Daily Journal that “there’s no chance of reversal on appeal. There were no erroneous decisions that were in favor of the plaintiff. If they do appeal, it’s a delay kind of thing.”

The Daily Journal also reported that Brayton Purcell LLP, and Metzger Law Group are now representing approximately 150 workers diagnosed with silicosis.