Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as W.M.
In a recent court decision, the Justice of the Supreme Court of New York County upheld a $9 million verdict against Hennessy Industries, answering a vital legal question: Do manufacturers who make equipment meant to be used on asbestos-contaminated products have a duty to warn of the dangers of malignant mesothelioma? When a New York jury answered yes to this question and rendered a verdict, the defendant appealed the decision. An appellate judge then affirmed the jury’s decision.
This case began when W.M. got diagnosed with mesothelioma and decided to take legal action against the company he blamed for exposing him to asbestos. W.M. filed a personal injury lawsuit against Hennessy Industries’ subsidiary AMMCO, which had manufactured a grinder that he used on asbestos-contaminated brake linings made by BMW. The victim explained that using the grinder had created asbestos-contaminated dust, which he breathed in. This asbestos exposure resulted in W.M. developing mesothelioma, a rare and aggressive type of cancer that forms in the mesothelium, which is the tissue that lines most internal organs.
Upon hearing the case, the trial jury granted a $25 million award to W.M. However, this amount was later reduced to $9 million, which would cover his pain and suffering. In a mesothelioma case, pain and suffering is the physical and emotional distress experienced by the victim due to the illness. This includes difficulty breathing, pain, and other debilitating symptoms of mesothelioma. It encompasses the mental anguish, anxiety, depression, and reduced quality of life resulting from the illness. W.M. was awarded $5 million for his past pain and suffering, and for his future pain and suffering, he was awarded $4 million. Despite the reduction in the damages awarded, the defendant appealed the decision, arguing that because their equipment did not contain asbestos, they should not be held liable for W.M.’s mesothelioma.
Upon reviewing the appeal, the Justice sided with the claimant and upheld the decision. The judge considered the expert testimony, which had established a clear link between the use of the grinder and the inhalation of asbestos dust. The judge noted that the defendant knew that the grinder would be used on asbestos-contaminated products and thus had a duty to warn users of the potential risks even if the equipment did not contain asbestos. Regarding the objection to the jury’s apportionment of fault and awarded damages, the judge found that the jury hearing the case had appropriately considered the presented evidence and had correctly apportioned 86% of the blame to the defendant. The judge affirmed the $9 million award, stating that it was appropriate, given the evidence the victim presented during the trial.
The above decision is vital as it highlights that manufacturers have a duty to provide adequate warning about the potential dangers of their products, especially when these products are to be used with harmful materials such as asbestos, even if those products do not contain hazardous materials.
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