Court of Appeals Affirms $10 Million Punitive Damages Mesothelioma Award 

After a St. Louis jury ordered them to pay a Navy widow $1.5 million in compensatory damages and $10 million in punitive damages following her husband’s malignant mesothelioma death, Crane Co. appealed the decision. The company argued that Jeannette G. Poage had failed to meet her burden of proof on her claim and that the punitive damages award should be either reversed or substantially reduced. The Missouri Court of Appeals rejected both of the company’s requests.

USS Haynesworth

Jury Hears Details of Mesothelioma Victim’s Asbestos Exposure During Navy Service

In the original mesothelioma trial heard in the Circuit Court of the City of St. Louis, the jury was told that James E. Poage had served in the U.S. Navy from 1954 to 1958 as a machinist on the USS Haynesworth. During his service, he had maintained valves on the ship, a job that required replacing gaskets and packing, some of which were manufactured by John Crane Co. and contained asbestos. Mr. Poage’s mesothelioma was blamed on having breathed in the asbestos-contaminated dust that working with those parts created. He died in 2012.

After a 9-day trial, the jury awarded his widow $1.5 million in compensatory damages and $10 million in punitive damages, but the compensatory damages were reduced to $822,250 based on settlement agreements the mesothelioma widow had reached with other defendants. John Crane Co. argued that the compensatory damages should be reversed based on failure to establish causation and that they owed no duty to Mr. Poage. They also claimed they had not manufactured or supplied the gaskets and packing he had worked with. They also wanted the punitive damages reversed or reduced.

Appeals Court Rejects Asbestos Company’s Arguments Against Mesothelioma Verdict

In reviewing the asbestos company’s arguments, the appeals court first noted that the mesothelioma widow had presented sufficient evidence for a reasonable jury to conclude that the company was liable under theories of both negligence and strict liability and that though they had owed the veteran a duty of care, they had defectively designed their valves in an unreasonably dangerous manner and had been the cause of Mr. Poage’s death.

Addressing the questions regarding the assignment of punitive damages, the judges found that the circumstantial evidence of John Crane’s knowledge of the dangers of asbestos combined with other testimony gave weight to the jury’s decision that Crane had acted with conscious disregard or complete indifference. The court further rejected the company’s assertion that the award was grossly excessive, denying the company’s requests and leaving the full amount in place.

If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.

Terri Heimann Oppenheimer

Terri Oppenheimer

Writer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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