Appeal of Bowling Ball Mesothelioma Verdict Rejected – Victim’s Family to Keep $1.9 Million
Malignant mesothelioma is a type of cancer diagnosed in less than 3,500 people each year, but public awareness is higher than for other rare cancers because it is caused by asbestos, a mineral that is still a risk factor in many buildings and in our infrastructure. Asbestos was used in applications beyond construction of public buildings and industrial settings, as exemplified by a lawsuit filed by a widow who lost her husband following years of drilling finger holes in asbestos-filled bowling balls. After she and her sons were awarded $1.9 million in damages by a jury hearing the details of her case, Honeywell International appealed the decision, arguing that there was insufficient evidence to support the decision. The Court of Appeals of California heard those assertions but rejected them. The victim’s family will be able to keep the compensation they were awarded.
Bowling Balls Filled with Asbestos at Heart of Mesothelioma Lawsuit
Because mesothelioma is caused by exposure to asbestos, when Donald Vanni was diagnosed with the rare disease he and his family quickly identified the source of his exposure: it was the bowling balls that he’d sold and into which he’d drilled finger holes. He and his brother co-owned and operated a bowling alley for years, and one of Donald’s’ responsibilities involved sitting in a small back room in the building and drilling custom-sized finger holes for customers. The custom bowling balls that they’ sold were the popular Ebonite brand.
The jury that heard the original mesothelioma lawsuit learned that Ebonite’s plastic bowling balls contained asbestos filler that was sold to the manufacturer by Bendix Corporation, Honeywell International’s predecessor. Mr. Vanni had drilled holes in balls for hours and days at a time in an unventilated room, inhaling the asbestos fibers that eventually caused his death. The jury awarded his widow and children $1.9 million in damages, but Honeywell appealed the decision.
Appeal Claims Insufficient Exposure to Cause Mesothelioma
In its appeal, the huge corporation argued against having to pay the mesothelioma victim’s family the $1.9 million award that the jury had awarded. They claimed that the asbestos Mr. Vanni had been exposed to was insufficient to cause his illness and that he might have been exposed to asbestos from another source. The Court of Appeals dismissed each of these arguments, noting that evidence of Bendix’s asbestos dust being inside the balls was irrefutable, and so too was the fact that he had inhaled that deadly dust.
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