A notable decision made by the Court of Appeals of Louisiana, Fourth Circuit confirms that the daughters of a mesothelioma victim will receive the justice they deserve following his painful death. Though Union Carbide Corporation tried to have the jury’s $5.5 million wrongful death award thrown out, the court found no abuse of discretion and no error in the jury’s decision.
Malignant Mesothelioma Death Blamed on Two Decades of Work as a Pipefitter
David Stauder Jr. died of malignant mesothelioma in 2015, within two months of his diagnosis, His daughters Jill and Shelley blamed his illness on the asbestos he was exposed to during the years that he worked as a pipefitter, and filed suit against several manufacturers of asbestos-contaminated products and his past employers. Among those named in his suit was Union Carbide Corporation.
The mesothelioma victim and his daughters were extremely close, and in finding the defendants guilty, the jury awarded them survival damages of $4.8 million and $2.75 million each in wrongful death damages, as well as interest from the time that the case was filed. The jury assigned 20% of responsibility to Union Carbide, for a total of $693,004.90 of the survival damages.
Union Carbide Appeals Mesothelioma Award
In response to the jury’s decision, Union Carbide appealed the award assigned to the mesothelioma victim’s daughters. They argued that $2.75 million was inappropriately high in a wrongful death case, as well as other legal issues regarding the assignment of interest and a motion for a new trial. They particularly objected to the fact that the same damage award was given to both daughters despite the fact that only one testified.
In considering Union Carbide’s argument, the Court of Appeals sided with the mesothelioma victim’s daughters. They noted that the jury had been informed that the daughter who did not testify suffered from a mental disability that had been confirmed by her physician, and that there had been a significant amount of information regarding the extremely close relationship between both daughters and their father. They found no abuse of discretion by the jury, and further found no errors regarding the assignment of the interest fees to the company. The women will be able to keep the compensation assigned to them by the jury.
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 for more information.
