$6.6 Million Jury Verdict Returned to Mesothelioma Victim
After a grueling trial, a Florida jury ordered Union Carbide to pay mesothelioma victim William Aubin an astonishing $14,191,000 in damages. Though that amount was later reduced to $6.6 million to reflect other companies’ previously established liabilities, the asbestos company appealed the overall verdict and an appeals court overturned the verdict. Upon review, the Florida Supreme Court reinstated the original jury’s reduced award.
Man’s Mesothelioma Blamed on Asbestos-Contaminated Construction Dust
Union Carbide is frequently named a defendant in mesothelioma claims. Not only did the company make its joint compound with asbestos, but there is significant proof that it did so knowing that the material was carcinogenic. In Mr. Aubin’s case, he was exposed to the material in the early 1970s, when he worked as a construction supervisor for his father’s company.
The mesothelioma victim recalled working on sites in Sarasota, Florida, where he frequently inhaled the dust created by drywall joint compounds that had been sanded down and then swept up. He accused the company of negligently failing to warn of the dangers of the carcinogenic material despite having known of its dangers as early as 1964. He also pursued them of grounds of strict liability in the design of their product.
Decision in Mesothelioma Case Overturned on Appeal, then Reinstated
When Union Carbide appealed the original decision in the mesothelioma case, the appeals court hearing their argument agreed with the company’s attorneys and overturned the jury’s decision. But the victim refused to accept that result and asked the Supreme Court of Florida to review the case. Upon analyzing the various arguments put forward by both sides, the higher court rejected the appeals court decision and reinstated the verdict. The mesothelioma victim will be able to keep the compensation that the original jury awarded him.
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