Navy veteran George Coulbourn died of malignant mesothelioma after years of exposure to asbestos in his role as a machinist. He filed a product liability claim against gasket company John Crane, and after his death, his widow Sandra continued the claim as a wrongful death lawsuit. At trial, the jury awarded her $9 million in compensatory damages with Crane apportioned 20% responsibility and assigned the company another $5 million in punitive damages. Though the company moved to have that reversed, the district court denied its motion.
Asbestos Company Argues Against Being Cause of Veteran’s Mesothelioma
In response to the jury’s verdict, John Crane Co. argued that the family had failed to provide sufficient evidence that its products were the cause of Mr. Coulbourn’s mesothelioma death. But the judges said that under Arizona law, the test is “whether the defendant’s actions were ‘a substantial factor’ in producing the injury,” even if there are other independently sufficient causes. Reviewing the evidence, they agreed that enough proof of the victim’s frequent, direct contact with asbestos dust from Crane products had been presented.
Crane also argued against being punished for a failure to warn when there was no proof that the mesothelioma victim would have paid attention to such a warning had it been offered. The judges pointed to expert witness testimony about the painfulness of the disease as proof that had Mr. Coulbourn known that such a fate awaited him, he would not have worked with their product without protection.
Judges Say that Punitive Damages Award is Justified Following Mesothelioma Death
Finally, Crane Co. argued that the evidence presented during the mesothelioma trial was insufficient to have warranted an award of punitive damages and that the amount was too high. The judges also rejected this argument, noting evidence presented by the widow that the company had “consciously pursued a course of conduct knowing that it created a substantial risk of significant harm to others.”
As for the company’s assertion that the punitive damages imposed were “grossly excessive,” the judges examined the ratio of punitive to compensatory damages assigned in the mesothelioma case and found that much higher ratios had been approved by the Supreme Court and others, including themselves.
If you or someone you love has been diagnosed with malignant mesothelioma, make sure you speak with experienced professionals who can guide you through the challenges that lie ahead. Call the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn more about how we can help.
