In 2018, Munir Seen was diagnosed with malignant mesothelioma. He pursued legal action against 26 different companies and individuals, later adding joint compound manufacturer Kaiser Gypsum. By the time the case went to trial, only Kaiser remained as a defendant and Mr. Seen had died. The jury awarded his estate $15 million, with 70% of fault assigned to Kaiser. Kaiser appealed the verdict on multiple grounds, but the Supreme Court of the State of New York denied their requests.
Mesothelioma Victim Suffered Workplace Exposure to Asbestos
Mr. Seen was just 69 years old when mesothelioma claimed his life. His suit against Kaiser accused the company of negligence in the use of asbestos and failure to warn of its dangers. Though the jury’s decision was unanimous, Kaiser argued that it should be set aside and a new trial ordered, or that the assigned compensation should be adjusted because they considered it excessive.
Though courts are able to set aside a verdict or judgment if it is contrary to the weight of evidence, in this mesothelioma case the court determined that doing so would not be appropriate. The Honorary Suzanne J. Adams listed her reasoning over several pages of a judicial decision.
Judge Denies Kaiser Gypsum’s Request to Set New Trial or Reduce Damages Award
In its appeal of the $15 million verdict, Kaiser Gypsum questioned the testimony provided by the mesothelioma victim’s expert witness, but the judge said that her opinions met the standard required to stand. They also argued that they should be allowed a new trial because deposition evidence was provided prior to their being added to the case, but the judge pointed out that they’d had the opportunity to depose him before he died, but didn’t videotape the deposition. That decision had been theirs.
In response to Kaiser’s argument that the victim’s counsel had “ambushed” them by presenting the jury with an undisclosed talc contamination theory, the judge called the argument without merit. She pointed out that it had been included within the mesothelioma victim’s attorneys’ filing information. She also denied the company’s assertion that the verdict was unreasonably high, pointing out that it fell within the range of previous awards.
If you or someone you love has been diagnosed with malignant mesothelioma and you need information on pursuing justice, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
