Exxon’s Appeal of $2.2 Million Mesothelioma Verdict Fails

Warren Wright died of malignant mesothelioma after years of working with asbestos-contaminated insulation. His son Wayne filed claims against the companies responsible for his father’s exposure, and after settling with most, faced Exxon Mobil in court, where the jury ordered the corporate giant to pay him $4 million in damages. Though the amount was lowered to $2.2 million, Exxon appealed the decision. An appeal court rejected Exxon’s arguments.

Mesothelioma Victim Had Championed Available Protections

In his original lawsuit, Mr. Wright provided significant evidence of Exxon’s culpability and negligence in his father’s mesothelioma. Warren had worked as a foreman for Northwestern Industrial Maintenance, which contracted with Exxon on demolition of insulation from pipes, pumps, and other equipment in an out-of-service unit at one of the company’s refinery. The lawsuit argued that Exxon had failed in its responsibility to protect those who were there on their property.

Exxon defended itself against liability for Mr. Wright’s mesothelioma and asked for the verdict to be overturned. They based part of their appeal on what they called his ‘contributory negligence,’ arguing that he had a duty to protect himself. But the jury was told of Mr. Wright’s efforts to do so for himself and for his co-workers, and the judges took note of this, writing, “The evidence presented showed that Wright took all precautions known at the time to limit his exposure to asbestos. As the corporate representative for Mobil noted, ‘Mr. Wright was the champion of wearing respirators,’ and he ‘not only wore one religiously himself’ but also told other workers that they needed to wear one.”   

Judges Reject Exxon’s Appeal of Mesothelioma Verdict

In handing down their decision on the mesothelioma verdict, the Court of Appeals of the State of Washington rejected Exxon’s appeal. Thought they agreed that the verdict had inappropriately skipped a careful review of the details of the settlements with other asbestos companies and therefore required a reasonableness review, they upheld the jury’s overall decision that Exxon Mobil was culpable for Mr. Wright’s illness.