The family of Willis Edenfield has finally gotten justice following his death from malignant mesothelioma after the New Jersey Supreme Court reinstated the $2.4 million in compensation that a jury originally awarded them years earlier. But their victory was a long time coming, with plenty of twists and turns.
After Trial, Appeals Court Reversed Jury’s Mesothelioma Award
Mr. Edenfield’s malignant mesothelioma was blamed on exposure to asbestos during his 40-year career working in an adhesive factory. His wife, Thomasenia Fowler, had filed suit against Union Carbide Corporation, whose asbestos-contaminated products were present and used in the factory by her husband. But after the 2019 trial, the company appealed the decision and an Appellate Division panel reversed the verdict.
The appeals court reversed the decision in the 2019 trial based on two different grounds: they agreed with the asbestos company that judge Ana Viscomi had failed to tell the jury that Union Carbide had the ability to discharge their duty to warn of the dangers of asbestos with the expectation that the victim’s employer would have done so. They also argued that the judge had not used the proper language when explaining the theory of causation to the jury.
Supreme Court Disagrees with Appellate Panel in Mesothelioma Case
Upon reviewing the appellate panel’s decision, the judges of the New Jersey Supreme Court reinstated the $2.4 million award to the mesothelioma widow. The judges found that the company could not evade their responsibility to warn the workers at the adhesive factory simply by having properly warned the company management or owners of their product’s dangers.
With reference to the question of medical causation and how juries in mesothelioma trials are to be instructed before making their determinations, the judges said that the question of whether jury instructions regarding causation need to be modified should be taken up by the Supreme Court Committee on Model Jury Charges, but that in the meantime Judge Viscomi had correctly charged the jury. A representative for Mr. Edenfield’s family called the Supreme Court decision “a relief.”
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help you get the assistance you need. Contact us today at 1-800-692-8608.
