Ronald and Judith Wilgenbusch filed a personal injury lawsuit against Metalclad Insulation LLC and other companies filing Ronald’s diagnosis with malignant mesothelioma. The couple won their lawsuit, with the jury assessing economic damages of $795,000 and noneconomic damages of $1.75 million dollars. This award was apportioned between the various named parties, but Metalclad objected to the amount that they were assigned. Though they appealed the apportionment, the Court of Appeals of California upheld the trial court’s decision.
Mesothelioma Victim Exposed to Asbestos During Navy Service
According to evidence submitted at trial, Mr. Wilgenbusch developed mesothelioma after having been exposed to asbestos during his service in the U.S. Navy from 1956 through 1978. He had worked on ships undergoing repairs at various shipyards, and Metalclad and other companies were named as defendants based on their asbestos-containing products being placed into the stream of commerce during Mr. Wilgenbusch’s service.
By the time the case reached trial, only Metalclad remained as a defendant. The couple accused the company of four different theories of liability, noting that Ronald remembered having seen the name “Metalclad” on boxes that contained new insulation. It was proven at trial that Metalclad sold asbestos insulation manufactured by other companies from at least 1946 through the end of 1967, and the jury was given special instructions about apportionment under each type of liability.
Jury’s Apportionment of Mesothelioma Award at Issue
The jury assigned 7 percent of the responsibility for Mr. Wilgenbusch’s mesothelioma to Metalclad and a total of 24 percent to the other companies whose products they sold, but in a later motion the Wilgenbusch’s asked for the amount assigned to those other companies to be allocated to Metalclad for the noneconomic damages award based on the asbestos having been within Metalclad’s chain of distribution. The court agreed and made Metalclad responsible for a total of $1,012,044 including $469,544 in economic damages and $542,500 in noneconomic damages. Metalclad appealed.
In reviewing the trial court’s apportionment decision, the Court of Appeals wrote, “To the extent there was any ambiguity as to this issue, the record shows that the trial court’s ruling is supported by the language of the verdict, the pertinent instructions, and the evidence.” The Wilgenbuschs prevailed and will receive the damages assigned.
If you or someone you love has been diagnosed with malignant mesothelioma, the road to justice can be a challenge. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
