Texas Jury Awards $1 Million at Conclusion of Spray Foam Insulation Property Damage, Personal Injury Trial
SAN SABA, Texas –– A Texas jury has awarded more than $1 million at the conclusion of a spray foam insulation case in which the plaintiffs alleged that they were exposed to toxic chemicals during the installation of spray polyurethane foam insulation in their home.
The Texas 33rd Judicial District Court for San Saba County reached the verdict on Feb. 16 after a two-week trial, sources told HarrisMartin. Hon. Allan Garrett presided over the trial.
In their third amended complaint, plaintiffs Alan and Donna Taylor alleged that they hired the defendants to install a spray polyurethane foam insulation product in their home. The product contains “highly toxic chemicals including but not limited to isocyanates,” the complaint said.
Despite repeated assurances that the product was safe, the plaintiffs said that they experienced adverse reactions to the toxic ingredients, including the development of asthma in Donna Taylor and the couple’s minor child.
During trial, the plaintiffs presented evidence that the defendants failed to train its installers properly and knew that the spray foam equipment was not working properly. The Taylors continued to live in the residence despite an “offensive” chemical odor, they stated. The family eventually left the residence, stating during trial that they left behind all of their personal property as a result of chemical contamination and finally destroyed the home in November 2017.
According to the verdict sheet, jurors found negligence on the part of defendants Builder Services Group Inc., and Larry Farris Heating & Air Conditioning Inc. proximately caused the injury in question, and that the defendants were 75 and 25 percent liable for those injuries, respectively.
The jury awarded $25,000 for physical pain and mental anguish sustained in the past, and $12,593 for medical care expenses incurred in the past by Donna Taylor. Alan Taylor was awarded $35,000 for physical pain and mental anguish sustained in the past and an additional $785.00 for medical care expenses incurred in the past.
The plaintiffs were awarded an additional $300,000 for the cost of repairs; $40,000 for loss of use of home; and $80,000 for loss of personal property.
Jurors additionally found that the defendants failed to comply with an agreement to install spray polyurethane foam insulation in the Taylors’ personal residence and that, as a result of this failure, the plaintiffs were entitled to $7,150 in loss of benefit of the bargain, $300,000 in remedial damages, and $40,000 in incidental
The jury also awarded $50,000 for mental anguish sustained by Donna Taylor; $25,000 for mental anguish sustained by Donna Taylor in the future; $50,000 for mental anguish sustained by Alan Taylor; and $25,000 for mental anguish sustained by Alan Taylor in the future.
Finally, the Taylors were awarded $50,000 for deceptive trade practices.
Sources told HarrisMartin that the plaintiffs resolved their claims with the manufacturer of the spray foam product and the home builder prior to trial.
If you or a loved one are struggling with your spray foam claim case, contact our Dallas asbestos attorneys at Smith Clinesmith today to schedule a consultation and determine your best next step.