William and Becky Tyler filed a mesothelioma lawsuit against American Optical Corporation (AOC) after Bill was diagnosed with malignant mesothelioma. Though Bill had been exposed to asbestos while working at an asbestos-contaminated foundry, they sued AOC because the company’s respirator had failed to protect him as it claimed that it would. After a one-month trial, it took a California jury just one day to come back with a significant verdict totaling $32 million in compensatory and punitive damages.
Mesothelioma Victim Says Respiratory Company Knew its Product Would Not Protect
At issue in the mesothelioma lawsuit was American Optical Corporation’s sale of a respiratory product that the victim said it knew could not protect him from asbestos in his workplace, Southern California Foundry. Tyler had worked at the foundry from 1972 to 1991.
The mesothelioma victim accused the company of negligence, strict product liability, negligent failure to warn, concealment and intentional misrepresentation. While the company defended itself by arguing that the machine shop was haphazard in providing protections against asbestos and said that a respirator should be the “last level of defense,” the jury was shown proof that AOC knew that its respirator wouldn’t prevent asbestos exposure and yet they had sold the product for that purpose out of greed.
Jury Assigns Company $22 Million in Compensatory Damages, $10 Million in Punitive Damages
In agreeing that the respirator company was responsible for Mr. Tyler’s malignant mesothelioma, the jury assigned them 70 percent responsible for having exposed him to asbestos. But since the claim was filed as an “intentional tort,” the company was responsible for 100% of the calculated damages of $22 million, in addition to another $10 million in punitive damages.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you have the support and assistance that you need. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
