Victim’s $15 Million Mesothelioma Award Stands
A California jury’s $15 million award to a retired construction supervisor will stand, despite an appeal filed by the asbestos company he blamed for his illness. Norris Morgan and his wife had successfully sued J-M Manufacturing for having exposed him to asbestos dust on the job.
California Jury Held Asbestos Company Responsible for Mesothelioma Diagnosis
According to testimony provided during the Morgan’s 2018 mesothelioma lawsuit, Norris had worked as a construction supervisor. He had frequently worked at job sites where cement pipes were being cut to size and installed. Those pipes were fabricated using asbestos, and when the plumbers that he supervised used gas or electric saws to cut the pipes, a significant amount of dust was created, and Mr. Morgan inhaled it.
When asbestos fibers are inhaled, they can become embedded in the cells that line the lung cavity, eventually leading to the development of malignant mesothelioma tumors. After hearing testimony about Mr. Morgan’s work environment and about the company’s knowledge of the dangers of asbestos, the jury awarded him and his wife compensatory damages of $15,270,502. They also ordered that J-M Manufacturing pay an additional $15 million in punitive damages meant to punish the company for their negligence and malfeasance.
Court of Appeals Decides Evidence Sufficient to Support Mesothelioma Judgment
When J-M Manufacturing appealed the award, they asserted that the instructions given to the jury had been improper and that the evidence presented had not proven their involvement with either manufacturing or supplying the pipes that the mesothelioma victim had been exposed to. While the court of appeals rejected this argument, they did agree that the punitive damages should be set aside because there was “no evidence of malice on the company’s part.” The couple will retain the $15 million in compensatory damages that the jury had assigned.
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