Mesothelioma Verdict Stands Despite Railroad Defendant’s Appeal

After Nancy Little’s father, Robert Rabe, died of malignant mesothelioma in December of 2012, she filed suit against The Budd Company. She claimed that her father had been exposed to asbestos-containing pipe insulation the company had manufactured and sold to her father’s employer. Though the company fought her at every turn, she prevailed in the case, including winning affirmation of the jury’s award from the Kansas Court of Appeals.

Railroad Company Files Multiple Motions During Mesothelioma Lawsuit 

Over the course of the mesothelioma lawsuit, The Budd Company’s attorneys filed multiple objections and motions that delayed justice being served. These included attempting to block testimony from expert witnesses and attempting to add additional expert witnesses of their own after deadlines had passed.

Despite these efforts, a jury heard the case and found the company negligent in Mr. Rabe’s mesothelioma death, but only assigned them 7% liability because they blamed his employer to a greater extent. The company was told to pay Ms. Little $139,500 in damages. Despite the relatively small amount, the company continued to object. They filed multiple motions to have the judgment set aside, claiming in multiple courts that the case against them was preempted by the Locomotive Inspection Act and the Safety Appliance Act. 

Court of Appeals Allows Mesothelioma Award to Stand

In reviewing the railroad company’s motions, the Kansas Court of Appeals affirmed the lower court’s decision in favor of the mesothelioma victim’s daughter. They noted that the company had failed to assert this argument at the time that the case was being heard and that they had also not sought a plain-error review. As a result, the assertion of error was waived. They also found that the company’s argument was contrary to a decision made by the Supreme Court in 1914. Ms. Little will receive the award as decided by the jury.