When Louisiana native Sue Perry died of lung cancer in 2020, her family successfully filed suit against Union Carbide Corporation (UCC), blaming take-home exposure to asbestos at their worksite for her illness and death. After the bench trial, the district court entered a Final Judgment and awarded the family $2.7 million, plus $850,000 to Mr. Perry and $700,000 to each of Mrs. Perry’s daughters for their wrongful death claims, but UCC appealed that decision. Last week, the Court of Appeals upheld the lower court’s decision.
Bench Trial Results in $2.7 Million Asbestos Lung Cancer Award
In their asbestos lung cancer lawsuit, the family blamed UCC for Mrs. Perry’s illness and death, saying she had experienced take-home exposure to asbestos from when she’d laundered his work clothes in the 1970s. Mr. Perry had been contracted to the company’s Taft, Louisiana, facility as a millwright by his employer. His responsibilities included removing insulation from cranes, pumps, turbines, and other equipment, and no warning had been issued about the dangers that the asbestos he worked with could cause to his family.
At the bench trial, UCC had argued that the woman’s death had not been caused by asbestos exposure, and that, rather, it had been caused by smoking. With the two sides presenting opposing evidence on this issue, the district court sought independent information outside of court, and UCC filed an appeal arguing that this was disallowed. The Fifth Circuit Court of Appeals reviewed the company’s appeal, which also asserted that the damage awards had been inappropriate.
Appeals Court Affirms Damages in Family’s Asbestos Lung Cancer Claim
While the justices on the appeals court noted that the district court’s external research into the causes of lung cancer was unwarranted and materially affected the damages awarded to the plaintiffs, they also evaluated the credibility of each side’s expert witnesses and found UCC’s experts to have been less than credible. They concluded that the district court’s decision that asbestos exposure at UCC had been a substantial cause of Mrs. Perry’s lung cancer and death, and that the wrongful death and survivorship damages had been appropriate.
If you or someone you love has been diagnosed with mesothelioma, asbestos-related lung cancer, or another disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
