For purposes of this article, the mesothelioma victim in this case will be referred to as M.C.W.
In a recent court decision, a mesothelioma victim prevailed against North American Honda Motor Co. Inc (Nissan) and was awarded $600,000 in damages. After M.C.W. was diagnosed with mesothelioma, he and his wife filed a personal injury lawsuit against several defendants he blamed for having exposed him to asbestos. Mesothelioma is an aggressive and fatal form of cancer that is caused by asbestos exposure. After hearing his case, a New York jury awarded him $300,000 for past pain and suffering and an additional $300,000 for future pain and suffering.
Mr. W’s case followed a pattern that is familiar to many mesothelioma victims. In many cases, mesothelioma victims face asbestos exposure from multiple sources. In M.C.W.’s initial lawsuit, he named several high-profile companies, including BMW of North America, American Honda Motor Company, American Biltrite, Ford Motor Company, Amchem Products, and General Electric. Some of these cases were dismissed during legal proceedings after the defendants filed petitions for summary judgment. Others were resolved through out-of-court settlements, which is how most mesothelioma claims are resolved. In the end, the only remaining defendant was Nissan.
M.C.W.’s trial unfolded over several weeks and was held before six jury members. The jurors listened to testimony from Mr. W and expert witnesses. Upon reviewing the presented evidence, the jurors concluded that Nissan failed to exercise reasonable care. The company did not warn people about the asbestos in its products, resulting in people like M.C.W. suffering asbestos exposure and developing an aggressive and deadly illness.
According to the jury, Nissan’s failure to warn people of the dangers of its products was a significant factor in Mr. W’s diagnosis. However, the jury did not find the defendant guilty of reckless disregard. This decision meant that Nissan did not have to pay M.C.W. punitive damages. Punitive damages in mesothelioma cases and other personal injury cases are intended to punish the defendant and prevent them and others from acting in the same manner in the future. Because these damages aren’t meant to compensate the victim, which is the main thing that personal injury claims are intended to achieve, they are only awarded in cases involving deliberate or egregious misconduct or reckless disregard. In this case, while Nissan was negligent in failing to warn of the dangers of its products, the jurors found that their actions did not meet the threshold for reckless disregard. Consequently, the focus remained on addressing Mr. W’s pain and suffering (both past and future).
While the jury focused only on Nissan’s liability, it also found that M.C.W had been exposed to asbestos through products manufactured, sold, and/or distributed by other companies. These companies were not defendants in the trial. This highlights the challenges that mesothelioma victims face in identifying all potentially liable parties and pursuing the justice they deserve. This case emphasizes the need for mesothelioma victims to work closely with attorneys to ensure they hold all liable parties accountable and recover the compensation they deserve.
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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.