Washington Court of Appeals Upholds $17 Million Mesothelioma Judgment
In 2021, The widow of Kevan Holdsworth was awarded nearly $17 million by the Washington state jury hearing her mesothelioma claim. Sherrie Holdsworth and her late husband had sued Scapa Waycross, manufacturers of asbestos-contaminated dryer felts used by the paper mill where he’d worked for almost forty years. Throughout the trial, the asbestos company argued against being held responsible for Kevan’s death, and after the award was handed down they filed an appeal. In January that appeal was denied.
Mesothelioma Victim Exposed to Asbestos for Decades
According to testimony provided during the original mesothelioma trial, Kevan Holdworth’s work at a paper mill in Camas, Washington exposed him to asbestos constantly. From 1969 to 1976 his duties included cleaning the paper machine by using air hoses to blow asbestos dust off of them. This occurred every three weeks. From 1976 to 1988 his duties included hammering off chunks of asbestos-contaminated insulation from pumps. He also was exposed to asbestos while working in the paint shop.
Following Mr. Holdworth’s mesothelioma death and prior to the trial being heard, Scapa Waycross filed a motion for summary judgment, which was denied. The company filed objections during the course of the trial regarding jury instructions, and the company filed a motion for judgment as a matter of law and moved for a new trial. These petitions were denied. The company then appealed this decision.
Court of Appeals Denies Asbestos Company’s Argument Against Mesothelioma Liability
Though Scapa insisted that the mesothelioma trial court had erred in denying its motion, the Court of Appeals of Washington disagreed, noting that, “Courts are appropriately hesitant to take cases away from juries.” They opted for respecting the opinion of the jury that had heard all of the conflicting evidence, and noted that circumstantial evidence of exposure to asbestos-contaminated products is acceptable in mesothelioma claims.
In its conclusion, the court asserted that the victims had submitted more than enough evidence to support their mesothelioma claims. They also noted that Scapa’s attorneys had not objected to the court’s ruling regarding the closing argument at the time, thus mooting their current objection. The widow will be able to keep her award.
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