An appeals court has upheld the ruling in an asbestos mesothelioma lawsuit that granted the widow of a man who died from mesothelioma $10 million in punitive damages.

The verdict, decided in the Court of Appeals of Missouri Eastern District states that the $10 million punitive damages award from the responsible company Crane Co. would be upheld.

The deceased Navy veteran, James P., was employed as a machinist and worked on a ship from the World War II-era. He was responsible for replacing gaskets and working with other products that contained asbestos, and these products were manufactured by Crane Co.

According to the asbestos mesothelioma lawsuit, James inhaled dust contaminated with asbestos which caused him to later be diagnosed with malignant mesothelioma. This rare cancer found in the mesothelial lining of the lungs is typically only associated with asbestos exposure. James died due to the cancer in May 2012.

James’s widow, plaintiff Jeanette P., filed her asbestos mesothelioma lawsuit against the manufacturing company and was awarded $10 million in punitive damages and another $1.5 million in compensatory damages.

Crane filed an appeal following the verdict, arguing that Jeanette’s asbestos mesothelioma lawsuit did not provide sufficient evidence. Crane’s motion to appeal was overruled. The manufacturing company then appealed a second time, claiming Jeanette did not properly meet the burden of certain relevant legal requirements, and the company sought to substantially reduce the award or completely overturn the verdict.

The Court of Appeals stated that the trial court did not err in its judgment. The appellate court stated that after examining the relevant issues of causation as well as evidence surrounding the presence of asbestos in Crane’s products, there was sufficient evidence to confirm that there was a design defect and failure to warn James of the issues.

With respect to the punitive damages that were appealed, the court determined that Jeanette had presented adequate evidence to indicate that Crane Co. had knowledge surrounding the dangers of asbestos exposure and that there was a good chance that the asbestos-containing products would cause injury to those who worked with the products.

Additionally, the appeals court stated that the jury had sufficient evidence to properly conclude that Crane’s actions consisted of conscious disregard or even complete indifference. For that reason, the appeals court upheld the punitive damages verdict, saying that they served the purpose of deterring future behavior as well as for punishment for wrongdoing.

Filing an Asbestos Mesothelioma Lawsuit

If you or a loved one developed mesothelioma after asbestos exposure while on the job, you may be entitled to seek legal compensation. Often, in an asbestos mesothelioma lawsuit, not only are employers named as defendants but also the manufacturers of a variety of parts. Both kinds of defendants may be found responsible for neglecting their duty to warn of potential asbestos exposure.

Plaintiffs can seek punitive damages designed to punish manufacturers and employers and deter them from engaging in future alleged wrongdoing. Damages can also be sought related to medical expenses, pain and suffering, loss of earnings, loss of spousal companionship, wrongful death and more.

An experienced attorney familiar with the intricacies of filing and asbestos mesothelioma lawsuit is available to provide you with a free consultation to discuss your legal options.