When Steve Kotzerke was diagnosed with adenocarcinoma lung cancer, the non-smoker traced his deadly cancer to exposure to asbestos supplied by Canadian supplier Asbestos Corporation Ltd. Following his 2022 death at the age of 67, his widow filed a lawsuit against the company on behalf of their family. Last week, a Washington state Superior Court judge awarded the man’s survivors more than $16 million in damages.
Canadian Asbestos Company Defies Judicial Order in Lawsuit
Asbestos Corporation Ltd. is a Canada-based asbestos mining company that supplied asbestos to businesses in the United States for decades. The organization has been named in multiple lawsuits filed by victims of mesothelioma and other asbestos-related diseases, and has consistently refused to participate in discovery based on their assertion that they are prevented from doing so by Canadian law.
After Jolene Kotzerke filed her asbestos lawsuit against the company in March 2023, the company continued this practice. In January, Superior Court Judge Tateasha Davis sanctioned Asbestos Corporation Limited after the company failed “to act in accordance with Washington state law and the court’s authority,” and did so again in early February, ruling that the company was still in violation of the court’s discovery order by refusing to produce certain documents and witnesses. At that time, the judge imposed $68,000 in sanctions — $2,000 per day for 34 days since the order was issued — plus attorneys’ fees and costs associated with the litigation.
Court Awards Economic Damages, Loss of Consortium, and More in Asbestos Lung Cancer Death
A month after imposing these sanctions, the court entered a default judgment against the company because it refused to participate in discovery. The company remains in contempt of court and the victim’s estate was awarded $1,719,398.25 in economic damages, $5 million for pain, suffering, fear, and humiliation, $7.5 million to the widow for loss of consortium, and $1 million to each of his two daughters.
Speaking of the victim, the family’s representative said, “Steve Kotzerke was an amazing husband and father who lived his life for his family.” Of the asbestos company, the attorney said, “Asbestos Corporation Ltd. hides behind a debunked legal argument that Canadian law precludes it from participating in discovery. Here, the trial court and the Washington Court of Appeals told ACL to answer discovery, and it flatly refused. They are engaging in this disregard of the legal system across the nation, and we are grateful that this is one of many courts attempting to put a stop to it.”
If you or someone you love has been diagnosed with malignant mesothelioma, lung cancer, or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
