Almost two years ago, a Washington state jury ordered Volkswagen Group of America to pay $5.75 million in damages to the estate and family of Thomas Sorrentino after he died of malignant mesothelioma. Though the award was reduced to $4.7 million, the company appealed the verdict, arguing that the evidence did not support the verdict and that the jury instructions were wrong. Last month, a three-judge panel affirmed the judgment in favor of the victim’s family.
Mesothelioma Verdict Cited Lack of Warning Outside of Germany
During the original mesothelioma trial, the jury heard testimony that Volkswagen had been aware of the dangers of asbestos and that after testing for the mineral at its factories in Germany, it provided employees with protective gear and clothing but took no similar steps for mechanics in other countries. They agreed that Mr. Sorrentino had no opportunity to protect himself from being sickened by the asbestos in the company’s brake pads.
In its appeal of the mesothelioma jury’s decision, VW argued that Mr. Sorrentino’s testimony indicated that he would not have read a warning if it had been present. The company also challenged many of the instructions given to the jury by the judges hearing the case.
Appeals Court Rejects Automaker’s Argument Against Mesothelioma Verdict
In its affirmation of the jury’s mesothelioma verdict, the appeals court judges said there was plenty of evidence from which the jury could have concluded that Mr. Sorrentino would have paid attention to warnings had they been provided by the automaker. They specifically noted testimony indicating that he’d have listened to his bosses and others if they’d provided warnings, particularly in light of the serious consequences of not listening in this case.
In their rejection of the automakers’ argument that there was no feasible alternative to their product and that they should not have been found liable for the victim’s mesothelioma, the court wrote in part: “A fair-minded jury could find that no reasonable mechanic expects fatal consequences from installing new brake pads, regardless of the feasibility of other options at the time.” The victim’s son will receive the award as ordered.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide you with the resources you need to obtain justice. Contact us today at 1-800-692-8608 to learn more.
