Earlier this year, a New York jury awarded an 81-year-old mesothelioma victim $13 million for past pain and suffering and $10 million for future pain and suffering after hearing evidence of negligence on the part of valve manufacturer Jenkins Brothers. Though the company appealed the verdict and award, the Supreme Court of New York’s Appellate Division affirmed the jury’s decision and allowed the verdict to stand.
Company Argues Against Mesothelioma Liability
The original mesothelioma lawsuit was filed by James McWilliams, a career union steamfitter who installed and removed flange gaskets, valve flange gaskets, and valves from 1960 to 1996. He blamed his pleural mesothelioma on exposure to asbestos in those parts, many of which were made by Jenkins Brothers and that the company had known of the dangers of the material yet failed to discontinue its use or issue any warnings to those who came into contact with them.
After the jury awarded the mesothelioma victim $23 million in damages, the company sought a judgment notwithstanding the verdict, a new trial, or a reduction of the verdict. In its review of the case, the Appellate Division’s First Department refused the company’s request for several reasons. They said that the victim had met his burden to establish asbestos exposure, that the trial court had appropriately exercised discretion regarding evidence, and that the company had failed to preserve its challenge to the jury’s verdict.
Appellate Court Upholds Mesothelioma Decision
The justices of the appellate division noted the company’s complaints about comments that were made by the mesothelioma victim’s counsel but said that “any improprieties in the summation were not so egregious or pervasive as to warrant reversal, in light of the strength of plaintiff’s case. For all of those reasons, they concluded that the trial court had been correct in its decisions about the jury’s award, that the verdict did not “deviate materially from what would be reasonable compensation,” and should be allowed to stand.
If you or someone you love has been diagnosed with malignant mesothelioma and need information about your rights, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
