“Illogical” Decision by Jury Leads to Mesothelioma Claim Being Reopened
Imagine filing a mesothelioma lawsuit against the asbestos companies responsible for your exposure to asbestos, and then having the jury become so confused by the evidence presented that they deliver a factually impossible verdict. That is exactly what happened to the family of Jerry R. Bagwell in their pursuit of justice. Fortunately, the Court of Appeal of the Fourth Circuit for the State of Louisiana agreed, and ordered the case to be reheard.
Mesothelioma Victim Exposed to Asbestos from Drilling Mud Companies
Jerry Bagwell filed his claim against Union Carbide Company, Monello, Inc., Chevron Phillips Chemical Company, and Johns-Manville, blaming asbestos in their products for his mesothelioma diagnosis. During the course of the trial the parties agreed that there was no evidence that he had been exposed to any other products that would have exposed him to asbestos, and so the manufacturers of other products he used were specifically excluded from possible guilt.
Despite this fact, when it came time for the jury hearing his mesothelioma lawsuit to reach a verdict, they only blamed the companies that had specifically been excluded and did not assign any blame to the companies that the suit had been filed against. In response, the Bagwells appealed the decision and asked for the court to have their case heard again.
Appeals Court Reverses Earlier Decision in Mesothelioma Case
Although the court initially rejected the mesothelioma victim’s argument, upon appeal they realized that they jury had reached an illogical decision that was “factually impossible.” They reviewed the court’s documents and determined that the jury had been confused and that the verdict was “irreconcilable with a reasonable interpretation of the record.” Therefore they granted the Bagwell’s application for rehearing and ordered a new trial be held in the case.
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