It’s been almost eight years since the late Thomas Constantine was diagnosed with malignant mesothelioma, and more than two years since a Philadelphia jury ordered his employer to pay his survivors $2.3 million in damages. Despite the evidence and the verdict, Lenox Instrument Company filed a motion requesting a new trial or entry of judgment notwithstanding the verdict, arguing that there had been no proof of their role in his illness. Last month, the Superior Court of Pennsylvania denied their motion.
Man’s Mesothelioma Blamed on Asbestos in Heat Shields
The original mesothelioma lawsuit accused Lenox Instrument Company of having exposed Mr. Constantine to asbestos during the seven years that he worked there as a draftsman and designer. The family submitted evidence that the company’s manufacturing process involved cutting, drilling, and milling of the heat shields, generating asbestos-laden dust that the victim had inhaled.
The jury hearing the mesothelioma claim in the Court of Common Pleas of Philadelphia County awarded the man’s estate $818,444.74 for injuries suffered before his death, $700,000 in wrongful death damages to his widow and children, and an additional $700,000 to his widow for loss of consortium.
After Review of Jury’s Verdict and Damages, Judges Deny Appeal
In response to the asbestos company’s appeal, the Superior Court found no abuse of discretion regarding the damages awarded. It also found no new trial was needed because the decision was sufficiently supported by the mesothelioma victim’s testimony, corroborated by former co-workers, and supported by expert witness testimony regarding causation. The court also noted evidence supplied at trial that there had been publicly available materials before Mr. Constantine’s employment at Lenox that warned of the dangers of inhaling asbestos dust.
In summing up the court’s decision, Justice Stabile wrote, “The trial court credited the account of the decedent and his expert witnesses regarding the duties Lenox owed the decedent, and the causes of his illness. The trial court found that Lenox either should have known of the dangers that asbestos posed, or in fact did know, as evidenced by the experiences recounted by the decedent’s co-worker… As the trial court’s findings and credibility determinations are supported by the record, it did not abuse its discretion.”
If you or someone you love has been affected by asbestos as a result of someone else’s negligence, you may be eligible to take legal action. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn more.
