Humble Sand & Gravel, Inc. v. Gomez

Raymond Gomez (plaintiff) worked in oil-industry abrasive blasting for over six years at Spincote Plastic Coating Co. and Sivalls, Inc. Abrasive blasting uses particles of flint, which is made of silica dioxide, and creates silica dust. Inhalation of invisible silica dust can cause silicosis, an incurable lung-scarring disease, resulting in disability or death. By the 1980s, industry and regulators—but not workers—knew that workers needed to wear air-fed hoods when exposed to silica dust; disposable paper masks were insufficient. Safety precautions were widely unenforced. When Gomez was actively engaging in blasting, he wore the hood, but only a paper mask while cleaning up the area afterwards. Humble Sand & Gravel, Inc. (Humble) (defendant), a small business, sold flint to industrial customers in bulk and in 100-pound bags. On the bags was the warning that the product may be injurious to health if proper protective equipment was not used. Gomez asked his foreman about the warning and was told he would be safe wearing the hood and mask. Medical experts found the warning lacking because it understated the risk and did not specify that hoods are the only proper protective equipment. Gomez eventually sought medical treatment for shortness of breath. Gomez had subacute silicosis from a high exposure to silica dust. Gomez sued 20 defendants, including four flint suppliers, settling with all defendants except Humble. A jury awarded a judgment against Humble for about $2 million under products liability and negligence theories for failure to warn. Humble appealed, and the appellate court affirmed. The Texas Supreme Court granted Humble’s petition for review.