Does a manufacturer whose equipment is designed to be used on asbestos-containing products have a duty to warn of the risk of malignant mesothelioma? That’s the question that a New York jury was asked in a personal injury lawsuit filed by Walter Miller against Hennessy Industries. The jury responded with a resounding yes, and when the manufacturer appealed the $9 million verdict, their decision was upheld by an appellate judge.
Jury Awards Mesothelioma Victim $9 Million for Past and Future Pain and Suffering
During the jury trial, mesothelioma victim Walter Miller explained that his use of a grinder manufactured and designed by defendant Hennessy Industries’ subsidiary AMMCO had created asbestos dust that he had inhaled, leading to his diagnosis with the rare and fatal disease. Miller had used the grinder on asbestos-containing brake linings manufactured by BMW.
The jury initially awarded the mesothelioma victim $25 million in damages, which was later reduced to $5 million for his past pain and suffering and an additional $4 million for his future pain and suffering. Despite the reduced award, the grinder company appealed the decision, arguing that they should not be held liable for Miller’s diagnosis when their product did not contain asbestos.
Judge Denies Grinder Company’s Appeal in Mesothelioma Claim
In her review of the mesothelioma case, Justice of the Supreme Court of New York County Cynthia S. Kern noted that the victim’s expert witness had sufficiently established that his use of the AMMCO grinder caused exposure to asbestos dust sufficient to cause his illness and that because the grinder company knew that its equipment would be used on asbestos-containing products, they had a duty to warn of the latent danger arising from its foreseeable use.
The judge also denied the company’s argument against the amount assigned and apportioned by the jury hearing the mesothelioma case, saying that the award as reduced by the trial court and stipulated to by the victim was appropriate and that based on the trial evidence, the jury had properly apportioned 86% of the fault to the company.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help you navigate the difficult path ahead. Contact us today at 1-800-692-8608 to learn more.
