When Michael C. Wagner was diagnosed with malignant mesothelioma, he and his wife filed a personal injury lawsuit against the companies he blamed for having exposed him to asbestos throughout his life. A New York jury recently heard the details of his exposure and awarded him $300,000 for his past pain and suffering and another $300,000 for future pain and suffering.
Multiple Defendants Named in Mesothelioma Claim
Like many other mesothelioma victims, Mr. Wagner was exposed to asbestos in multiple environments and from multiple companies. His original lawsuit named American Honda Motor Company, Amchem Products, American Biltrite, BMW of North America, Westinghouse Electric, Ford Motor Company, General Electric, and many others. Some of these cases were dismissed following defendants filing petitions for summary judgment, and some settled out of court, leaving just North American Honda Motor Co. Inc (Nissan) as the sole defendant.
The mesothelioma trial was held before a six-person jury that listened to weeks of testimony from the victim and expert witnesses. At the end of the process, their decision was unanimous: they agreed that Nissan failed to exercise reasonable care by not warning those exposed to their products that they included asbestos that could lead to illness and death.
Mesothelioma Jury Arrives at Unanimous Verdict
The jury hearing the mesothelioma case unanimously decided that Nissan’s failure to warn Mr. Wagner of asbestos in its product was a substantial factor in his diagnosis. However, they also found that the company’s actions did not rise to the level of reckless disregard, thus saving the company from having to pay the victim punitive damages.
Interestingly, though the jury only decided the case involving Nissan, they also determined that he had been exposed to asbestos from products made, sold, and/or distributed by other companies as well, though those companies were not present as defendants in the trial.
Mesothelioma lawsuits are frequently resolved in multiple stages, including settlements and mediations that take place outside of court. For guidance about your specific situation, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
