Judge Denies Request for New Mesothelioma Trial or Reduced Monetary Award for Victim
Malignant mesothelioma claims often lead to multi-million dollar verdicts, but when one victim was awarded $35 million, the losing asbestos company objected and argued that there should either be a new trial or that the verdict, which they called “excessive,” should be revised. Despite the company’s arguments, the judge hearing the case said that it is not her role to “second guess a jury’s consideration.”
Man Diagnosed with Malignant Mesothelioma After Years of Asbestos Exposure
The case was filed by James McWilliams, whose 36 years of work as a steamfitter had him constantly working with asbestos-contaminated valves manufactured by Jenkins Bros. The jury awarded him $35 million after hearing extensive testimony about the exposure he suffered and about Jenkins’ knowledge of the dangers that their valves posed.
The jury agreed that the company had demonstrated reckless disregard leading to his development of mesothelioma and found them guilty of negligence. They awarded Mr. McWilliams $13 million for past pain and suffering and $10 million for future pain and suffering, as well as millions in actual expenses.
Company’s Argument Against Mesothelioma Verdict Fails
Justice of the Supreme Court of New York Suzanne J. Adams listened closely to Jenkins Bros. arguments for a new mesothelioma trial or a reduced award. After closely examining the court documents and transcripts, she assessed all of the trial’s proceedings as appropriate and said that the evidence had been sufficient for the jury to reach its verdict.
She then moved on to a review of the mesothelioma award the jury gave Mr. McWilliams and disagreed with the company’s characterization of the $35 million as excessive. In her decision, Justice Adams concluded, “It is not the purview of the court to second-guess a jury’s consideration of these factors in light of the evidence presented at trial, or to speculate, for example, that perhaps the jury has considered that the longer plaintiff continues to live, the longer he will suffer (including mentally) before his eventual death and wishes to compensate him accordingly.” Mr. McWilliams will receive the amount that the jury found appropriate.
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