One month after William Walker was diagnosed with malignant mesothelioma, he filed a lawsuit against four companies he blamed for exposing him to asbestos. He later added thirty more companies to his suit. After a seven-day trial in May of 2022, he was awarded $36 million: $19.2 million of that award was assessed against his former employer, Level 3. That company asked for a new trial, and when that petition failed, they filed an appeal on multiple grounds. Last week the Court of Appeal of Louisiana, Fourth Circuit affirmed the lower court’s decision and allowed Mr. Walker the assigned damages award.
Asbestos Employer Calls $36 Million Mesothelioma Verdict Excessive and Improper
Level 3 argued that errors were made during the original mesothelioma trial, and that the amount of the damages award was too high. They asserted that it was improperly based on “sympathy, emotion, and a desire to punish rather than the law.” In response, the appeals court noted that an award is only considered an abuse of discretion if it “is so disproportionate to the injury that it shocks the conscience.”
In reviewing the testimony to determine whether an abuse of discretion took place, the court noted the victim’s testimony about mesothelioma’s devastating impact on his quality of life, his pain, depression, and anxiety. Among the court’s comments were, “Mr. Walker sleeps only a few hours each night as he lives in constant physical pain and emotional fear of his death.” They concluded, “There is no indication that the jury failed to exercise great care in reaching this verdict.”
Judge Rejects Former Employer’s Argument Against Mesothelioma Award’s Distribution
Level 3 also argued that they were assigned too great a portion of the overall mesothelioma verdict, that the victim should not have been permitted to pursue a strict liability argument against them, and that the trial court erred in some of their decisions about evidence. The appeals court denied each of these assertions as well. They wrote, “Finding no legal error, the jury’s determination should be upheld.”
If you or someone you love has been afflicted with mesothelioma, you have the right to pursue justice against those who are responsible. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
