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TEXAS– October 7, 2009 – A Brazoria County jury has awarded the widow of Danny Puckett,an industrial engineer and oil field consultant, $1.2 million for asbestos exposure from 1975 to 1980that lead to his malignantmesothelioma— a terminal illness that often claims its victims within 12 to 18 months ofdiagnosis.

The verdict,handed down on Monday, October 5, 2009, represents the first known asbestosdrilling mud additive verdict in Texas. Montello, Inc. and Union Carbide – theonly remaining defendants at trial – were each assessed 15-percent liability ofthe $1.2 million award for causing Mr. Puckett’s mesothelioma.  Oklahomalaw was applied to this case.

Mr. Puckettgraduated from Oklahoma State University Tech with a degree in IndustrialEngineering. In 1975 until 1985, he worked for Dowell Company as a member ofthe cement crew. Mr. Puckett eventually worked his way up to supervisor.

Mr. Pucketttestified to breathing dust from the dumping of asbestos-containing cementadditives into a mixing hopper at the bulk cement facility while working forDowell Company. He used asbestos mud additives three to four  times perweek at a minimum for four to five years, and described a “continuous smokestack”of dust, to the point that one couldn’t see a street light.

Mr. Puckettstarted his own oil field consulting practice in the late 1990s and had plannedon continuing to work well into his 60s. He was diagnosed with malignantmesothelioma in October 2008. He fought the disease for six months. Mr. Puckettleaves behind his wife of 23 years. He was 59-years-old.

Plaintiffs wererepresented by Scott L. Frost, Greg W. Lisemby, and Carrie B. Waters from the Dallasoffice of Waters & Kraus,LLP.

AboutWaters & Kraus, LLP
Waters & Kraus,LLPis a nationally recognized plaintiffs’ firm concentrating on complex productliability and personal injury/wrongful death cases, particularly asbestos-mesothelioma.In addition to toxic tort litigation, the firm’s diverse practice includespharmaceutical product liability, negligence, elder financial abuse, classactions, and consumer product liability, as well as qui tam(whistleblower) and commercial litigation. With offices in Texas, California,and Maryland, Waters & Kraus, LLP has litigated cases in jurisdictionsacross the United States on behalf of individuals from all 50 states, as wellas foreign governments.


— Case Fact Sheet Follows —



Case Fact Sheet

Case Style        •       Cause No. 49563 Puckett et al vs. Baker Hughes Incorporated et al
       •        Trial length: 2 Weeks       Deliberation Length: 1 Day        

Jurisdiction       •       23rd District Court, Brazoria County, Texas
       •        Hon. Ben Hardin, presiding

Verdict       •       October 5, 2009
       •        $1.2M total award                                      
       •         Liability: 15% assigned to Union Carbide;15% assigned to Montello, Inc.
       •        Oklahoma law applied

Case Summary       Danny Puckett, anindustrial engineer and oil field consultant, was exposed to asbestos whileworking for Dowell Company on their cement crew from 1975 to 1980. Mr. Puckettbreathed dust from dumping and mixing bags of asbestos-containing mudadditives. Mr. Puckett was diagnosed with malignant mesothelioma in September2008. The Brazoria County jury awarded Mr. Puckett’s widow $1.2 million for theasbestos exposure that caused his malignant mesothelioma. Union Carbide andMontello, Inc. were each assessed 15-percent liability. Oklahoma law wasapplied to this case. It is the first known drilling mud additive verdict inTexas. Mr. Puckett died six months after being diagnosed – he was 59-years-old.

Significance       •       Oklahoma law was applied to this case.
       •        First known asbestos drilling mud additiveverdict in Texas.

Plaintiffs Experts       •        Arnold Brody, Ph.D., cell biologist
(live, testimony)       •        William Longo, Ph.D., materialscientist
       •        J. C. Maddox, M.D., pathology
       •        Richard Thompson, economist

Defense Experts        •       Tim Oury, M.D., pathology
(live, testimony)       •        Jack Walsh, CorporateRepresentative for Union Carbide
       •        Allen Johnson, Corporate Representative forMontello

Plaintiffs’ Counsel        •       Waters & Kraus, LLP – DALLAS, TX
               Scott L. Frost (lead trial counsel), Greg W. Lisemby, and Carrie B. Waters

Defense Counsel        •       (Union Carbide) Hartline, Dacus, Barger, Dreyer & Kern, L.L.P.–
               CORPUS CHRISTI, TX
          Michael G. Terry
       •        (Union Carbide) Baker Botts, L.L.P.
               Kevin M. Jordan
       •        (Montello) Andrew S. Hartman, PC – TULSA,OK
          Andrew S. Hartman

Information        Brandy Dietz, Waters & Kraus, LLP, (800) 226-9880


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