Before Navy veteran Edwin Estenson died of malignant mesothelioma, he and his wife Betty filed suit against multiple asbestos companies they blamed for his illness, including Caterpillar, Inc. After Edwin died, a Washington state jury ordered Caterpillar to pay Betty $4.5 million in damages. Caterpillar appealed, arguing that the lower court had made multiple mistakes in allowing the claim to go forward and in not ordering a new trial. An appeals court rejected the company’s argument.
Navy Veteran Blamed Multiple Asbestos Exposures for Malignant Mesothelioma
According to the original mesothelioma lawsuit, Edwin Estenson was exposed to asbestos throughout his lifetime. He worked with asbestos-containing pipe insulation while serving onboard the USS Curtiss, and then between 1955 and 1967 when he worked for multiple employers as a heavy-duty mechanic doing maintenance work on Caterpillar bulldozers. His suit accused several companies of product liability, failure to warn, and negligence. Caterpillar filed a motion for summary judgment, which was denied. The other companies settled the claims out of court.
Before his mesothelioma claimed his life, Mr. Estenson recorded a deposition about his asbestos exposure, and after hearing his testimony, as well as testimony from a Caterpillar corporate representative and several expert witnesses, the jury awarded the estate $331,928 for Estenson’s economic damages and $3 million for his pain and suffering, as well as awarding Betty Estenson $2 million for loss of consortium and each of Estenson’s four children $175,000 in noneconomic damages. The award was offset by $1.5 million for other settlements that had been reached, leaving a total of approximately $4.5 million.
Caterpillar’s Appeal of Mesothelioma Verdict is Denied
After losing in court, Caterpillar appealed the jury’s verdict in favor of the mesothelioma widow. They argued that the lower court should not have denied their motion for summary judgment, and that after the verdict was rendered they should not have denied their motion for a new trial or their motion to vacate the verdict. The Court of Appeals of Washington disagreed.
In reviewing each of the company’s arguments, the court determined that the lower court had been correct in determining that the mesothelioma victim’s estate had presented sufficient evidence to survive summary judgment. They also said that the lower court had not abused its discretion and that therefore no new trial was warranted. As to Caterpillar’s argument that the award should be discarded because it was based on “passion and prejudice,” the appeals court said that substantial evidence supported the jury’s verdict. The $4.5 million award stood.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can support you in your quest for justice. For more information, contact us today at 1-800-692-8608.
