A Maryland couple confronting the husband’s eventual death from mesothelioma got good news recently when a Maryland court upheld the massive $7.2 million award previously assigned by a jury in the Circuit Court for Baltimore City. Though the defendants in the case appealed the damages that William and Kathleen Busch had been assigned after a jury heard the details of William’s asbestos exposure, Justice Stuart Berger of the Court of Special Appeals of Maryland shut down their argument, agreeing that Busch’s mesothelioma was a result of the asbestos he was exposed to when he worked on a construction project at Lock Raven High School.
According to testimony in the original case, Mr. Busch blamed his diagnosis of mesothelioma on asbestos in insulation products he was exposed to while working as a steamfitter. Those products were provided by Wallace & Gale, a company that eventually filed for bankruptcy and formed the Wallace and Gale Asbestos Settlement Trust. That trust was the defendant in the couple’s mesothelioma lawsuit, and after the jury found them responsible, the trust filed an appeal arguing that the decision should be overturned. Their argument revolved around a variety of legal technicalities ranging from an improperly decided denial of motion for summary judgment based on the way evidence was presented to the way that jury instructions were provided.
In reviewing the trust’s case for overturning the original decision, the judge indicated that it disagreed with all of their arguments, stating that though Busch had not provided a lot of evidence of his proximity to the company’s asbestos-contaminated products, it had been enough to show that it was “probable that W&G was liable and responsible for the work.” Similarly the judge disagreed about the company’s argument that the court had abused its discretion on a variety of matters.
The appellate judge pointed out that in the original mesothelioma lawsuit, Busch had indicated that he had spent 70 percent of his three to four months of working at the high school in the school’s boiler room, where he was exposed to large quantities of asbestos. He left the jury verdict in place, allowing the Busch family to receive the compensation that they deserve for the injustice and damage that they suffered.
If you have been impacted by mesothelioma, you face numerous challenges. For assistance in dealing with the rollercoaster of emotions and hurtles that the disease presents, contact the Patient Advocates at Mesothelioma.net today to learn how we can help. Reach us at 1-800-692-8608
