Court Denies Bid to Overturn $7 Million Mesothelioma Verdict

In September of 2018, a jury rendered a significant verdict on behalf of mesothelioma victim James Stock. They ordered Jenkin Brothers, a valve manufacturer, to pay him $4.5 million for his past pain and suffering, $1.5 million for future pain and suffering, and additional amounts totaling $7 million. The company filed a motion to have the verdict dismissed entirely or the amount they owed lowered, or for a new trial to be ordered. The New York Supreme Court denied their motion entirely, allowing the order to stand.

Supreme Court of the state of New York

Georgia Police Officer Blamed Mesothelioma on Earlier Work with Asbestos-Contaminated Materials

Though James Stock was a Georgia police officer when he was diagnosed with malignant mesothelioma, he traced his disease to asbestos exposure suffered when he worked at New York Wire Mills from 1979 through 1986. He provided evidence that Jenkins Bros.’ valves were contaminated with asbestos and that the company had failed to warn about its dangers. The jury agreed that the company was fifty percent responsible for his mesothelioma, allocating responsibility between Jenkins and four other companies. 

Jenkins Bros. objected to this allocation, and also argued that Stock had failed to provide evidence that his mesothelioma was the result of exposure to asbestos from their valves. They also asserted legal technicalities regarding evidence they had not been able to use, and argued that the award was excessive and should be reduced.

Court Determines That Mesothelioma Verdict was Fair, Denies Asbestos Company’s Motion

After reviewing the asbestos company’s argument, the court denied its motion entirely and specifically pointed to the damages suffered by the mesothelioma victim. They wrote in part, “Plaintiff, at the time of trial, was 60 years old and — far from being retired — was an inner-city police officer in Atlanta Georgia. He underwent a number of serious surgeries and several procedures … The future course of his disease … is ‘downhill.’ … The pain and suffering award encompasses loss of enjoyment of life and here the evidence supports the view that his loss has been profound. This Court will not disturb the award.”

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Paul Danziger

Paul Danziger

Writer

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

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