Jury Awards Mesothelioma Victim $32 Million
When William Tyler worked in an asbestos-contaminated foundry, he relied on his respirator to protect him from mesothelioma and other asbestos-related diseases. Unfortunately, the respirator did not do what it claimed that it would, and he and his wife filed a lawsuit against its manufacturer, who they accused of knowing of its inadequacy. After a one-month trial, a California jury agreed and assessed the company $32 million in punitive and compensatory damages.
Mesothelioma Victim Accuses Respirator Company of Negligence and Concealment
In presenting their case to the jury, the mesothelioma victim and his wife said that the failure of American Optical Corporation’s respirator to protect him went beyond negligence: They presented evidence that the company had been well aware that the respirator would not keep deadly asbestos fibers from entering his airway, and added accusations of concealment and intentional misrepresentation to their personal injury claim.
Throughout the one-month trial, American Optical Corporation’s attorneys attempted to direct responsibility back at Mr. Tyler’s employer, arguing that the environment at Southern California Foundry was what had put him at risk for malignant mesothelioma They said that the company had been haphazard in its approach to asbestos protection and that it had been inappropriate for the victim to rely upon the respirator to keep himself safe.
“Last Level of Defense” Argument Fails to Sway Jury in Mesothelioma Case
Though the respirator company argued their product should have been the “last level of defense” for the mesothelioma victim, the jury was shown proof that American Optical had known that the product would not do as they had promised that it would. The victim’s attorney argued that they had knowingly, falsely claimed it was protective in the interest of boosting their own profits.
After deliberating for less than a day, the jury ordered the company to pay the mesothelioma victim and his wife $32 million, with $22 million specified to provide compensatory damages and another $10 million specifically assigned as punishment for what was referred to as an intentional tort.
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