Brake Grinder Used on Asbestos Brakes Blamed for Mesothelioma
Walter Miller was diagnosed with malignant mesothelioma after years of using an AMMCO grinder on asbestos-containing brake linings manufactured by BMW. When he filed suit against AMMCO’s owner, Hennessy Industries, in New York’s court system, a jury agreed that the grinder company was at fault and ordered the company to pay him $25 million in damages. Though the award was reduced to $9 million, the company appealed the verdict, but an appellate court denied their request, leaving the award in place.
$9 Million in Damages Awarded to Mesothelioma Victim
At issue in the original mesothelioma claim was whether a company that knows that its product will be used on asbestos-containing products in a way that poses a risk to the owner has a responsibility to warn of the dangers. Though Hennessy Industries argued that the answer was no, the New York jury sided with the victim. Their original award of $25 million in damages was reduced to $5 million for Mr. Miller’s past pain and suffering and $4 million for his future pain and suffering.
Despite expert witness testimony at trial about the asbestos dust that their equipment generated by being used on asbestos-containing brakes and that they knew the brakes it would be used on would have contained asbestos, the company insisted that it should not be held liable for Mr. Miller’s mesothelioma and argued as much in its appeal of the jury’s verdict. Its attorneys also argued that the amount assigned and apportioned by the jury was inappropriate and should be further modified.
Appellate Judge Upholds Jury’s Mesothelioma Verdict and Victim’s Award
Justice Cynthia S. Kern of the Supreme Court of New York County heard the grinder company’s appeal but, upon review of the facts of the case, upheld the jury’s verdict and the reduced award. She noted that the reduction had been agreed to by the victim and was appropriate based on the evidence submitted at trial by the victim’s abogado de amianto as well as previous mesothelioma damages awards.
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