In 2016, Frank and Cynthia Hart filed a personal injury lawsuit against several different companies, accusing them of responsibility for Mr. Hart’s malignant mesothelioma. After a jury heard the case, they awarded over $5 million to the couple plus an allocation of prior settlements to potential future wrongful death claims. One of the defendants, Keenan Properties, objected to the calculation and argued that their portion of the award should be reduced. They also appealed some of the evidence that had been submitted against them. This month the California Court of Appeals rejected their argument, upholding the earlier verdict and awarding the costs of the appeal to Mrs. Hart.
Keenan Properties Supplied Pipes that Caused Mesothelioma
According to evidence presented at trial, Mr. Hart’s malignant mesothelioma was a result of his work cutting asbestos-cement pipe for new sewer lines from September 1976 to March 1977. The jury agreed that those pipes were provide by Keenan Properties and assigned them 17 percent of the fault for Mr. Hart’s illness. Nine other companies were also assigned blame and shared in the assignment of damages.
In its appeal, Keenan argued that the trial court should not have admitted evidence that they had supplied the asbestos-contaminated pipes, but that earlier decision was upheld by the California Supreme Court. They also argued that Mr. Hart’s medical costs were improperly and inaccurately entered into evidence and that the expert witness who’d testified about reasonable costs for mesothelioma care had not provided a “reasonable basis for his opinions.”
Court Sides with Mesothelioma Widow On Cost Assessment and Other Issues
In its review of Keenan’s arguments, the Court of Appeals decided that the physician who had testified about the medical expenses involved with Mr. Hart’s mesothelioma treatment had testified competently and that the Harts had been required to pay the amounts testified to. They also pointed out that Keenan had not objected to the expert’s testimony at the time of trial, and denied their arguments against the allocation of past settlements for future wrongful death claims. The court ordered Keenan Properties to pay the previously determined damages and awarded Mrs. Hart her costs on appeal as well.
Being diagnosed with malignant mesothelioma is the start of a long and challenging journey. For assistance in moving forward, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
