After Asbestos Company Defies Court Order, Lung Cancer Widow Awarded $16 Million Award
Jolene Kotzerke lost her husband, Steve, to adenocarcinoma lung cancer in 2022. After the 67-year-old’s death, she filed a personal injury lawsuit against a Canadian asbestos supplier, blaming its negligence and failure to warn for her husband’s illness and death. Citing Canadian law, the company refused to participate in the court proceedings, leading to the Washington state judge hearing the case awarding his survivors a damages award of over $16 million.
Rare Lung Cancer Blamed on Asbestos Exposure
The defendant in the case was Asbestos Corporation Ltd., a mining company that has been cited in many lawsuits filed by mesothelioma and asbestos-exposure victims. Despite the clear facts of each of those cases, the company has refused to comply or cooperate with American courts or judges, arguing that Canadian law bars them from doing so.
The case was heard and overseen by Superior Court Judge Tateasha Davis, whose patience with the company’s lack of participation ran out after $2,000-a-day daily sanctions yielded no improvement, despite having reached $68,000. In the face of failure “to act in accordance with Washington state law and the court’s authority,” the judge decided the case in the widow’s favor and entered a default judgment against the Canadian entity. The award, totaling $1,719,398.25 in economic damages, $5 million for Mr. Kotzerke’s suffering, $1 million to each of his daughters, and $7.5 million to Mrs. Kotzerke, is likely to face continuing litigation.
Asbestos Company Accused of Disregard for U.S. Laws
Following the judge’s decision, a family’s representative said, “Steve Kotzerke was an amazing husband and father who lived his life for his family, and Asbestos Corporation Ltd. is hiding behind a debunked legal argument that Canadian law precludes it from participating in discovery. Here, the trial court and the Washington Court of Appeals told ACL to answer discovery, and it flatly refused. They are engaging in this disregard of the legal system across the nation, and we are grateful that this is one of many courts attempting to put a stop to it.”
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