From October through November of 2020, a Louisiana jury heard the case of Henry Pete, a former longshoreman diagnosed with malignant mesothelioma. After learning of his direct exposure to asbestos as well as his take-home exposure through contact with the contaminated work clothing worn by his father, the jury awarded him $10.3 million in damages. One of the defendants assigned to pay this large sum objected and filed an appeal on multiple grounds. Recently the Louisiana Appeals Court denied their petition and left the award in place.
Mesothelioma Victim Cites Multiple Exposures to Asbestos
In his original mesothelioma claim, Mr. Pete explained that he’d been directly exposed to asbestos while working as a longshoreman at various wharves and work sites at the port of New Orleans from 1964 to 1968. He also recalled having been exposed to his father’s asbestos-contaminated work clothes. He asserted that his father had worked as a longshoreman between 1946 and 1968, but the court found that he failed to present sufficient evidence to support the claim of take-home exposure prior to 1964.
When the mesothelioma victim’s attorney later presented evidence of the father’s work history in support of his claim, the court and the plaintiff agreed to only assert take-home exposure from 1964 to 1968 in order to avoid a continuance of the trial. After the jury reached its verdict, Ports America appealed, arguing that this decision should not have been allowed, that there was insufficient evidence to support the jury’s verdict of guilt, and that the award had been egregiously high.
Court of Appeals Denies Appeal
Upon reviewing the case history and details, the Court of Appeal of Louisiana, Fourth Circuit denied Ports America’s motion. They noted that the defendant had not objected to the reduction of exposure time presented at the time, and that they similarly had not objected to the jury instructions which they now blamed for their loss at trial. As for the verdict, they determined that juries had the right to assign damages as long as they did not shock the conscience, and that this award did not do so.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
