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OLAN J. GUILBEAU SR. Et Al. Plaintiffs-Intervenors-Appellees Cross-Appellants
vs.
W. W. HENRY CO. Et Al. Defendants-Appellants Cross-Appellees. ELWOOD STEVENS Et Al. Intervenors-Appellants Cross-Appellees.
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Issues:
Private right of action. evidence, attorney practices.
Case Summary:
The W. W. Henry Company and its insurer, Truck Insurance Exchange, appeal a jury's decision to award $900,000 in damages to the plaintiff in this case. Olan Guilbeau filed suit claiming he suffered a severe illness caused by exposure to a carpet adhesive in the mobile home office where he worked. The Henry Company manufactured the adhesive. Guilbeau's employer replaced the carpeting after he complained that the noxious fumes were making him ill.
Decision of lower jurisdiction:
Following trial at the U.S. District Court for the Western District of Louisiana, a jury awarded Guilbeau $900,000 in damages. The Henry Company appealed on the grounds that Guilbeau's attorneys prejudiced the jury with inflammatory remarks and references to inadmissible evidence.
Outcome:
Guilbeau loses. The U.S. Court of Appeals for the Fifth Circuit reversed the jury award. The court ruled that the jury erred in finding the company's product defective. The court also criticized the conduct of Guilbeau's attorneys and considered imposing sanctions against them.