Asbestos & Mesothelioma Law Blog
For purposes of this article, the Navy widow in this case will be referred to as J.G.P., and her late husband as J.E.P.
In a recent decision, the Missouri Court of Appeals upheld a $10 million punitive damages award for a Navy widow who lost her husband in 2012 after he developed malignant mesothelioma. Malignant mesothelioma is an aggressive cancer that develops in the mesothelium, which is the tissue layer covering most internal organs. This illness is mainly caused by asbestos exposure, a toxic mineral fiber that was widely used in the 20th century. Asbestos was popular because of its properties and was widely used in manufacturing, construction, and numerous industrial applications. The Court of Appeals found the defendant, Crane Co., liable for the asbestos exposure that resulted in the malignant mesothelioma that killed J.G.P.’s husband.
Mr. J.E.P. had served in the Navy for five years in the 1950s as a machinist responsible for maintaining valves on a ship. This job entailed replacing gaskets and packing made with asbestos. When asbestos is disturbed, its tiny fibers can become airborne. Inhaling these fibers can result in serious health issues, including malignant mesothelioma. Mr. J.E.P.’s mesothelioma was blamed on having inhaled the asbestos-contaminated dust that worked with the parts created. After his passing, his widow, J.G.P., filed a lawsuit against John Crane Co., the company that manufactured the asbestos-containing components.
After listening to arguments from both sides, the jury ruled in favor of the claimant, the Navy widow, and awarded her both compensatory and punitive damages. In a mesothelioma case, compensatory damages are meant to reimburse a victim or their family for the actual losses and suffering caused by the illness, while punitive damages punish the defendant. In mesothelioma cases, punitive damages are only awarded when the defendant’s conduct is found to be particularly negligent, intentionally harmful, or reckless. The jury awarded $1.5 million in compensatory damages and $10 million in punitive damages. Later, the compensatory damages were reduced to $822,250 because of settlement agreements reached with other liable parties.
John Crane Co. objected to the decision, arguing the claimant had failed to prove her case and they owed no duty to Mr. J.E.P. The defendant wanted the compensatory damages to be reversed. John Crane Co. also claimed they had not made the components the deceased had worked with. They also sought to have the punitive damages reduced or reversed.
The Missouri Court of Appeals reviewed the defendant’s arguments and found them unconvincing. The court found the claimant had presented enough evidence to prove the defendant was liable under theories of negligence and strict liability. The court noted that although the defendant owed Mr. J.E.P. a duty of care, they had designed products in an unreasonably dangerous manner, causing the veteran’s death. Regarding the punitive damages, the court found the amount justified and left the full amount in place. According to the appeals court, the evidence showed that John Crane Co. had acted with conscious disregard for the safety of others.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and help you and your family live a more comfortable life.