Appeals Court Upholds Widow’s Compensation in Mesothelioma Case
After a tortuous journey through the California court system that included a decision from the California Supreme Court, the last question about a mesothelioma claim was resolved by the state’s Court of Appeal. The judges sided with Cynthia Hart, allowing the widow to receive the compensation she had previously been awarded by a jury. They also ordered that her court costs be paid by the appellant, an asbestos company that she had sued.
Mesothelioma Blamed on Asbestos-Contaminated Cement Pipes
The original mesothelioma lawsuit concerned the illness and death of Frank C. Hart. Mr. Hart had worked cutting asbestos-cement pipe for sewer lines from 1976 to 1977. He and his wife filed a personal injury claim against several companies, including Keenan Properties, which had provided the pipes.
When the jury found Keenan guilty of negligence leading to Mr. Hart’s mesothelioma, the company appealed the decision, claiming that the court should not have admitted evidence that they had provided the pipe, but the California Supreme Court denied their appeal. After that decision they continued to try to avoid justice, asserting to the Court of Appeal that Mr. Hart’s medical costs had not been calculated properly, and arguing against the validity of evidence that had been submitted by an expert witness.
Court of Appeal Rejects Asbestos Company Appeal in Mesothelioma Claim
In reviewing the case, the court of appeal rejected the asbestos company’s argument and upheld the compensation that the jury had awarded to the mesothelioma widow. The court disagreed with the company’s assertion that the expert had not provided a reasonable basis for his opinions and pointed out that the company had not objected to the testimony regarding medical costs at trial, thus forfeiting their ability to challenge.
The court also addressed Keenan’s assertion that the trial court’s allocation of damages had represented an abuse of discretion. The judges found no abuse of discretion existed, and awarded Mrs. Hart court costs.
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