Asbestos & Mesothelioma Law Blog
For purposes of this article, the claimant in this case will be referred to as S.C. and her late husband as G.C.
In a recent mesothelioma case decision, a district court denied the defendant’s motion to reverse a $5 million punitive damages award. Navy veteran G.C. died after developing malignant mesothelioma. Mesothelioma is a type of cancer that is primarily caused by asbestos exposure. The Navy veteran suffered years of asbestos exposure while working as a machinist. After his diagnosis, he filed a product liability claim against John Crane, a gasket company. Unfortunately, he passed away before his case was resolved. After his passing, his widow, S.C., continued with the case as a wrongful death lawsuit. After the trial, the jury ruled in favor of the widow and granted her $9 million in compensatory damages. John Crane was allocated 20% of the damages and another $5 million punitive damages. The defendant tried overturning the decision, but the district court upheld it.
After the trial jury made its ruling, John Crane Co. argued that the claimants had failed to provide enough evidence to show that their products caused Mr. G.C.’s mesothelioma. The judges noted that Arizona law does not require a claimant to prove that the defendant’s actions were the sole factor in producing the injury. According to the law, even if other factors were involved, a defendant can still be held liable if their actions were a “substantial” factor in producing the injury. Upon reviewing the evidence, the court found that the family had presented sufficient evidence of Mr. G.C.’s frequent, direct contact with asbestos-contaminated dust from the defendant’s products.
The defendant also claimed they should not be punished for failing to warn about the dangers of asbestos. John Crane Co. argued that there was no evidence that Mr. G.C. would have heeded such a warning. However, the judges pointed to expert testimony about the pain that mesothelioma causes. They noted the victim would have taken precautions if he had known about the risks of asbestos exposure.
On top of that, the defendant argued the evidence presented did not support an award of punitive damages. John Crane Co. also argued the award was excessive. Again, the judges sided with the family and noted the evidence presented supported the punitive damages award. According to the judges, the evidence showed the company had knowingly pursued actions that posed significant risks to others. Regarding the defendant’s argument that the punitive damages were excessive, the judges used other mesothelioma cases to arrive at a decision. They assessed the ratio of punitive to compensatory damages in other cases and found that higher ratios had been approved by courts before. Therefore, the judges deemed the $5 million punitive damages appropriate and justified.
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.