In 2021, mesothelioma victim Warren Wright’s family received a $4 million verdict that was later upheld by an appeals court. Wright’s mesothelioma was blamed on exposure to asbestos that occurred while working in ExxonMobile oil refineries. ExxonMobil appealed the verdict again to the Washington Supreme Court, which earlier this month upheld the original verdict. The court determined that the jury instruction that the company had wanted, and the trial judge had denied, was within the judge’s discretion.
Mesothelioma Verdict Upheld by Appeals Court
The original mesothelioma lawsuit filed by the Wright family also named Shell Oil, Co., Texaco, and 3M, but because all of those companies settled out of court, only Exxon remained as a defendant. The company argued against liability for the man’s fatal illness, arguing that Mr. Wright had known of the risks of asbestos and had taken precautions against them.
Despite the company’s argument that the mesothelioma victim had been a “sophisticated” user with “specialized knowledge” of the dangers of working with asbestos, the trial judge denied their request for the jury to be given instructions on “known or obvious dangers.” After the $4 million verdict, ExxonMobil appealed, objecting to the jury instructions as well as some of the evidence that they had seen. The appeals court confirmed the lower court judgment because Exxon had been able to argue its case to the jury. They also lowered the verdict amount to $2.2 million in recognition of settlement monies the family had received from other companies.
State Supreme Court Upholds Trial and Appeals Court’s Decision in Mesothelioma Claim
Undaunted by the appeals court’s decision, ExxonMobil took its case to the Washington State Supreme Court, again arguing that the offsetting instruction should have been given to the jury hearing the mesothelioma case. But the justices wrote that it was “difficult to reconcile” the company’s current argument that Mr. Wright had sophisticated knowledge of the dangers of working with asbestos with the appeals courts’ assessment that they had not proven that point in their original defense.
In response to the high court’s decision, the Wright’s representative said, “ExxonMobil hired inadequately trained contract workers and then, with ExxonMobil’s knowledge, allowed those workers to endanger themselves by engaging in unsafe but presumably cost-saving practices forbidden to ExxonMobil’s own employees. Warren Wright died as a result.”
If you or someone you love has been diagnosed with malignant mesothelioma, seeking justice can be a long and arduous road. To learn how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
