$9 Million Mesothelioma Verdict Upheld on Appeal
A jury ordered the manufacturer of a grinder used on asbestos-contaminated brake linings to pay mesothelioma victim Walter Miller $9 million in damages. Facing this decision, Hennessy Industries filed an appeal, arguing that they should not have been held responsible for the effects of asbestos that was not part of their company’s product. But Justice Cynthia S. Kern of the Supreme Court of New York County denied the company’s appeal, agreeing with the victim that because the grinder company knew its equipment would be used on asbestos-containing products, they had a duty to warn of the latent danger arising from its foreseeable use.
Mesothelioma Victim Inhaled Asbestos in Brake Linings
In his original mesothelioma lawsuit, Walter Miller successfully argued that even though the grinding equipment designed by its subsidiary AMMCO did not itself contain asbestos, Hennessy Industries had a responsibility to warn users of the risks posed by asbestos in the brake linings it was used on. Mr. Miller had used the AMMCO grinder on brake linings manufactured by BMW, which Hennessy knew contained asbestos.
After hearing testimony from an expert witness about the asbestos in those brake linings and how the AMMCO grinder worked, a New York jury awarded Mr. Miller $25 million in damages. That award was later reduced to $9 million, with $5 million allocated to Mr. Miller’s previous pain and suffering and $4 million for his future pain and suffering.
Grinder Company’s Appeal of Mesothelioma Verdict Fails
Despite the significant reduction in the mesothelioma verdict, the grinder company filed an appeal of the jury’s decision. They asserted that they should not be held responsible for an asbestos-related illness when their product contained no asbestos, but Justice Kern pointed to the clear testimony that established the role that the grinder had played in Mr. Miller’s illness. She also noted that the apportionment of the damages and the revised damages amount was wholly appropriate and should not be adjusted any further. The victim will receive the amount that the jury awarded.
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