Jury returns $83M asbestos verdict against Indianapolis clay manufacturer

A Boston jury has returned an $83 million verdict against an Indianapolis-based pottery clay manufacturing company, with jurors agreeing that a Massachusetts woman’s mesothelioma death was caused by the company’s asbestos-containing products.

The Sept. 18 verdict against American Art Clay Co. Inc. includes $60 million in punitive damages based on the finding that the company engaged in “malicious, willful, wanton, or reckless conduct” by failing to warn customers about the dangers of their products, according to Dallas-based Iola, Gross & Forbes-King, one of three law firms representing plaintiffs in the case.

Another $10 million was awarded to Massachusetts resident Judith Lapointe, who died in 2021 weeks after being diagnosed with mesothelioma cancer.

The remaining $13 million was awarded to her husband, Michael, for his loss.

“This lawsuit is about justice for a life unnecessarily cut short because of the choices that this company made to conceal the truth about the dangers of asbestos in its products,” said trial attorney Rachel Gross of Dallas-based Iola, Gross & Forbes-King, who represented the plaintiff in the case, in a news release.

American Art Clay Co. parent AMACO issued the following statement to The Indiana Lawyer regarding the verdict:

“We respect the jury’s service, but we strongly disagree with the verdict,” the company said. “This is not the final outcome—under Massachusetts law, the verdict is subject to review by the trial court and appellate courts. AMACO will be filing post-trial motions and, if necessary, pursuing an appeal. AMACO’s products have always met rigorous safety standards, and the company has been recognized as a leader in developing and advancing safety-testing and certification protocols for arts and crafts products nationwide. The company remains committed to innovation, safety, and the consumers who rely on its products.”

The Indianapolis company was represented by attorneys Robert Boston, Emily Burke, and Vincent DePalo with Boston firm Smith Duggan Cornell and Gollub LLP.

According to the original lawsuit, Judith Lapointe was exposed to asbestos fibers from the 1950s through the 1990s from her mother’s use of the Indianapolis company’s pottery clay, which was used for ceramics.

Attorneys for the plaintiff presented evidence at trial that the company knew, or should have known, the health risks associated with asbestos in their products as early as the 1960s, but that the company ultimately failed to warn customers.

American Art Clay, founded in Indianapolis in 1919, originally sold ceramics and modeling clay for schoolchildren and artists. It became one of the largest manufacturers of school clay products, pottery kilns and turning wheels. It also manufactured crayons in the 1960s.

The company was known for a small zoo that its owner operated in the 1960s on its former property across 16th Street from the Indianapolis Motor Speedway. Several tigers, lions and monkeys from the zoo were eventually donated to the Indianapolis Zoo.

The business moved in 2004 to 6060 Guion Road, where it operates a 220,000-square-foot manufacturing and warehousing facility.

Asbestos exposure is the only known cause of mesothelioma, a rare and deadly form of cancer that impacts the lungs and internal organs.

The lawsuit marks the second multimillion-dollar asbestos-related verdict secured by Iola, Gross & Forbes King, according to the firm. On Aug. 28, the firm won a $12.25 million verdict in a lawsuit against Connecticut-based company Vanderbilt Minerals.

Editor’s note: This story has been updated to include a statement from AMACO, the parent of American Art Clay Co.