Brayton Purcell LLP announces $47 Million Verdict in the Fourth Artificial Stone Countertop Fabrication Silicosis Trial
NOVATO, Calif., Aug. 4, 2026 /PRNewswire/ -- Brayton Purcell LLP is pleased to report that, on August 3, 2026, in the case of Evelin Liseth Gonzalez Rodriguez, individually and as successor-in-interest of her deceased husband, Wilmer Ruben Martinez Paredes; Brianna Magali Martinez Gonzalez, Andy Ruben Martinez, and Aliyah Liseth Martinez Gonzalez, minors, by and through their Guardian Ad Litem Evelin Liseth Gonzalez Rodriguez v. Dal-Tile Distribution, LLC and Dal-Tile, LLC, et al., Case No. 23STCV29755, a Santa Monica, CA jury assessed a $47,035,380 verdict on behalf of the family of Wilmer Ruben Martinez Paredes against Dal-Tile Distribution, LLC and Dal-Tile, LLC. This was the fourth artificial stone silicosis trial in the U.S., and the third verdict in favor of plaintiffs. Wilmer Martinez Paredes developed artificial stone silicosis, artificial stone-caused rheumatoid arthritis, and artificial stone-caused autoimmune disease and died at age 41 after working as an artificial stone countertop fabrication worker.
Both Dal-Tile entities were found liable for negligence, product liability design defect consumer expectation, product liability design defect risk-benefit test, and failure to warn. The jury rejected their various "blame the employer" affirmative defenses of sophisticated intermediary, product misuse, and third-party superseding intentional or criminal act.
The jury's damages findings were economic damages of $2,035,380 and non-economic damages of $45,000,000 for a total verdict of $47,035,380.
Dal-Tile Distribution, LLC was found to be 3% at fault and Dal-Tile, LLC found to be 3% at fault.
The plaintiffs were represented at trial by partner James Nevin, and associate Liliana Carbone, of Brayton Purcell LLP.
The Dal-Tile entities were represented by Jennifer Judin, Cassidy Tynan, and Mark Sayre of Foley Mansfield.
Plaintiffs' experts were Mr. Aki Vourakis (fabrication specialist), Dr. Michael Ellenbecker, CIH (certified industrial hygienist), Dr. Mark Nicas, CIH (certified industrial hygienist), Dr. David Ross, M.D. (lung transplants), Dr. Andrew McClintock Greenberg, M.D. (pulmonologist), Dr. Richard Cohen (occupational medicine and epidemiology) and James Mills (forensic economist).
Defendants' experts were Haifa Hughes, CIH (certified industrial hygienist), Jacob Persky, CIH (certified industrial hygienist), Mr. Vincent Moiso (tile salesman), and Dr. Dennis Paustenbach, Ph.D. (toxicologist).
The jury determined that artificial stone slabs made from high content (90%) crystalline silica, with their mix of toxic metals and resins, are a defective product that cannot be safely fabricated by workers under real-world conditions. While OSHA engineering, administrative, and PPE controls work well for natural stone countertop fabrication, they have proven to be ineffective for use with artificial stone. In the face of an epidemic of silicosis among artificial stone fabrication workers and armed with the mounting scientific data of the unique toxicity of the product, Cal-OSHA voted to initiate emergency rulemaking to prohibit fabrication and installation of artificial stone products containing >1% crystalline silica in May of this year.
Throughout the trial, plaintiffs' counsel explained that the employers were also negligent, and other manufacturers and suppliers were negligent and their products were defective, but that did not somehow absolve the Dal-Tile entities for partial responsibility for their role in contributing to Martinez Paredes' disease and premature death. The trial was about accountability. Under the law, it is no defense that others were also negligent. The jury also found that the employers were 70% at fault but rejected Dal-Tile's defense that the employers' lapses absolved them of liability. The decedent, Wilmer Ruben Martinez Paredes, was found to be 0% at fault. Resolved defendants Architectural Surfaces Group, Caesarstone USA, Inc./Caesarstone Ltd., Cambria Company LLC, and Cosentino (C&C North) were each found to be 6% at fault.
Dal-Tile began distributing crystalline silica artificial stone in 2006, and despite knowledge of the risks related to crystalline silica, did not affix any warning label until 2023. In 2025, Dal-Tile began manufacturing a non-toxic, otherwise nearly identical product called Purevana, yet continues to sell their OneQuartz product.
The Martinez Paredes trial was one of the first of many hundreds for young artificial stone countertop fabrication workers who have developed fatal artificial stone silicosis and other silica-diseases such as rheumatoid arthritis, autoimmune disease, chronic kidney disease, and lung cancer from just a few years of exposure to uniquely toxic artificial stone.
"We are grateful to the jury for understanding that the global medical consensus is that crystalline silica artificial stone is a 'uniquely toxic' defective product, and that all entities in the chain of distribution are liable for the devastating consequences on young workers and their families," said James Nevin, partner at Brayton Purcell LLP.
"Dal-Tile spent the whole trial kicking and fighting, refusing to accept their share of accountability," said Liliana Carbone, associate at Brayton Purcell LLP. "We were proud to represent the Martinez Paredes family, to find them some small measure of justice for the loss of their husband and father."
"Once again, we hope this verdict sends a clear message," said Nevin. "As the American Thoracic Society, Cal-OSHA, and global health authorities have already determined, crystalline silica artificial stone must be banned before this epidemic of artificial stone silicosis will abate."
For additional information regarding this verdict, contact:
James P. Nevin, Esq.
Brayton Purcell LLP
(415) 493-3531
jnevin@braytonlaw.com
For media inquiries, contact:
Nolan Lowry
Brayton Purcell LLP
(415) 399-3701
nlowry@braytonlaw.com
SOURCE Brayton Purcell LLP
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