Court Denies Bid to Overturn $7 Million Mesothelioma Verdict
In September of 2018, a jury rendered a significant verdict on behalf of mesothelioma victim James Stock. They ordered Jenkin Brothers, a valve manufacturer, to pay him $4.5 million for his past pain and suffering, $1.5 million for future pain and suffering, and additional amounts totaling $7 million. The company filed a motion to have the verdict dismissed entirely or the amount they owed lowered, or for a new trial to be ordered. The New York Supreme Court denied their motion entirely, allowing the order to stand.
Georgia Police Officer Blamed Mesothelioma on Earlier Work with Asbestos-Contaminated Materials
Though James Stock was a Georgia police officer when he was diagnosed with malignant mesothelioma, he traced his disease to asbestos exposure suffered when he worked at New York Wire Mills from 1979 through 1986. He provided evidence that Jenkins Bros.’ valves were contaminated with asbestos and that the company had failed to warn about its dangers. The jury agreed that the company was fifty percent responsible for his mesothelioma, allocating responsibility between Jenkins and four other companies.
Jenkins Bros. objected to this allocation, and also argued that Stock had failed to provide evidence that his mesothelioma was the result of exposure to asbestos from their valves. They also asserted legal technicalities regarding evidence they had not been able to use, and argued that the award was excessive and should be reduced.
Court Determines That Mesothelioma Verdict was Fair, Denies Asbestos Company’s Motion
After reviewing the asbestos company’s argument, the court denied its motion entirely and specifically pointed to the damages suffered by the mesothelioma victim. They wrote in part, “Plaintiff, at the time of trial, was 60 years old and — far from being retired — was an inner-city police officer in Atlanta Georgia. He underwent a number of serious surgeries and several procedures … The future course of his disease … is ‘downhill.’ … The pain and suffering award encompasses loss of enjoyment of life and here the evidence supports the view that his loss has been profound. This Court will not disturb the award.”
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