Despite Caterpillar’s Objections, Court Allows $4.5 Million Mesothelioma Verdict to Stand
The family of Navy veteran Edwin Estenson was devastated by his mesothelioma diagnosis and death and was intent on getting justice from the companies that had exposed him to asbestos and caused him so much suffering. While every other company they filed suit against agreed to settle out of court, Caterpillar Inc. insisted on having the case heard by a jury, and when that jury decided against them, they appealed the $4.5 million verdict they were assigned. An appeals court rejected their argument, indicating that the jury had made the right call.
Multiple Asbestos Companies Named in Navy Veteran’s Mesothelioma Lawsuit
Edwin Estenson’s mesothelioma claim detailed numerous asbestos exposures that occurred throughout his life. After a stint in the Navy, he’d worked as a heavy-duty mechanic, and all of his jobs involved exposure to asbestos-containing pipe insulation and other components and parts. His lawsuit named all of the asbestos companies whose negligence and failure to warn had resulted in his illness.
The mesothelioma victim’s claim noted his exposure onboard the USS Curtiss as well as the many exposures he suffered between 1955 and 1967. Caterpillar was one among many named in the original lawsuit, and though they filed a motion to have the case against them dismissed, their request was denied. When the other companies all agreed to out-of-court settlements, Caterpillar was the only defendant left, and the Washington state jury hearing the case ordered them to pay $4.5 million in damages.
Mesothelioma Damages to be Split Between Widow, Estate, and Adult Children
After hearing the details of Mr. Estenson’s suffering, the jury awarded the mesothelioma victim’s estate $331,928 for his actual costs and another $3 million to compensate for the pain and heartache he endured. They also awarded each of his four children $175,000 in noneconomic damages and his widow $2 million for loss of consortium.
Though that verdict was adjusted in recognition of the previously agreed settlements, Caterpillar Inc. still objected to being held responsible for his mesothelioma, and filed an appeal of the jury’s decision. Despite their arguments, the Court of Appeals of Washington denied their request, determining that all of the decisions made by the lower court had been appropriate and that there had been no abuse of discretion: rather than the “passion and prejudice” that the company argued was behind the jury’s decision, the court said that the verdict had been based on the evidence that had been presented to them.
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