Despite Aggressive Defense, Mesothelioma Victim’s Family Wins $6.95 Million Verdict
When you have been diagnosed with an asbestos-related disease like mesothelioma, it is essential that you have strong representation by an experienced mesothelioma law firm. This is especially true when the company responsible for your exposure is a powerful corporation.
A verdict handed down in Alameda County, California makes this point abundantly clear. Jeffrey Emerson was a boilermaker who worked for the Southern Pacific Railroad for over twenty years, from 1971 to 1995. During that time, he was exposed on a regular basis to asbestos. In 2013 he was diagnosed with malignant mesothelioma, and just seven months later he died of the disease. A mesothelioma law firm represented him and his widow, Karen, in a suit against Union Pacific Railroad Company, which had merged with Southern Pacific Railroad in 1997. After six weeks of testimony, during which time Union Pacific mounted a series of different arguments and defenses, the jury came back with a ruling that the company was responsible for Emerson’s illness and death, and awarded a $6,951,000 verdict to his family.
Though Mr. Emerson succumbed to his disease before the trial began, he was able to provide testimony in a deposition. He indicated that he was exposed to asbestos both in the course of his own job responsibilities and as a result of his proximity to other workers. His mesothelioma law firm was able to provide evidence that his exposure continued for at least fifteen years after regulatory requirements had been placed on Southern Pacific and that the company had not complied, allowing workers like Mr. Emerson to continue to be exposed without protection well into the 1980s, when it had been well established that asbestos posed deadly health risks.
In its defense, Union Pacific first argued that it had immunity from the lawsuit as a result of a previous release of claims that Mr. Emerson had signed for a back injury. The court ruled against them on this claim, and during the trial the company went on to argue first that his illness was not mesothelioma but was lung cancer caused by his previous years of smoking. Emerson’s mesothelioma law firm provided evidence that asbestos fibers were present in his lung tissue. The company then argued that the mesothelioma was caused by exposure during his earlier service with the Navy.
The jury awarded Mr. Emerson’s family $451,265 for economic damages and $6.5 million for his pain and suffering.
Having an experienced mesothelioma law firm represent you in a mesothelioma lawsuit is the best way to ensure that you will be skillfully represented against the big company responsible for your pain and suffering. The attorneys at the mesothelioma law firm of Danziger & De Llano have the knowledge and experience that you need to ensure that you get the justice that you deserve. Call us today for a free consultation about your case.
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