A recent asbestos verdict yielded $300,000 for a husband and his wife in the Court of Common Pleas for the Seventh Judicial District for the State of South Carolina.
The husband, plaintiff Dale J., is a current sufferer of mesothelioma, a cancer of the lining of the lungs directly caused by exposure to airborne asbestos fibers.
Dale J. sued Fisher Controls International LLC and Crosby Valve LLC to hold them accountable for the asbestos-containing gaskets in the valves which they manufacture. He says he was exposed to asbestos during his employment in various nuclear power plants inspecting such valves.
While the legal action was hoped to yield $1 million for the plaintiffs, their legal team is pleased at the example this recent asbestos verdict sets for other sufferers of asbestos-related diseases. They hope to be able to bring the two valve companies to court again.
The recent asbestos verdict on behalf of Dale and Beverly J. includes $200,000 for Dale and $100,000 for Beverly, his spouse, in compensatory damages. No punitive damages were awarded in this case, as reckless conduct on the part of the valve companies was not proven.
The recent asbestos verdict was arrived at despite arguments on behalf of Fisher Controls and Crosby Valve’s counsel that the origin of the plaintiff’s exposure couldn’t be determined due to multiple work locations in several nuclear power plants.
Dale J. began working in nuclear power plants starting with Duke in 1979. He chose not to sue Duke because they made an effort to assist employees in limiting their asbestos exposure through training. He did originally name several other companies as defendants in the original lawsuit, however.
The recent asbestos verdict was also awarded despite an attempt on the part of defendant’s counsel to “blame the victim,” namely employees who were supposed to be savvy with such equipment and the dangers it imposed.
This argument was not satisfactory to the jury, however, because the detailed manufacturer’s maintenance instructions, didn’t give mention to any potential dangers of asbestos exposure from the valves and their asbestos-containing gaskets.
In 1979, it had already been determined that asbestos was a human carcinogen. Nevertheless, the twin valve companies, according to plaintiff’s counsel Simona Farrise, didn’t care to switch out the materials that made up the gaskets in their products for something safer, but instead allowed countless workers to engage in inspections that were setting them up for cancer in the future.
Asbestos had been part of the valves and replacement parts for over a century. Also, according to the plaintiff’s legal team, the recent asbestos verdict of $300,000 was based upon the valve companies failing to warn users of their products of the dangers involved.
The case was presided upon by Justice Jean Toal, formerly of the South Carolina Supreme Court.
The Asbestos Lawsuit is Case No. 2016-CP-42-01592, in the Court of Common Pleas for the Seventh Judicial District for the State of South Carolina.
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