For purposes of this article, the mesothelioma victim in this case will be referred to as T.S.
In a recent court decision, three judges upheld a $4.7 million mesothelioma verdict against Volkswagen (VW). In late 2022, a Washington jury awarded the estate and son of T.S., who died after being diagnosed with mesothelioma, $5.75 million in damages from Volkswagen Group of America and Volkswagen AG. The award was later reduced to $4.7 million. However, despite this reduction, VW sought to overturn the verdict, arguing the evidence did not support the verdict. The defendant also argued the jury was given the wrong instructions during the trial. Despite these efforts, a three-judge panel upheld the original ruling in favor of T.S.'s family.
Between 1972 and 1975, Mr. T.S. worked as an auto mechanic at a Spokane Volkswagen dealership. During this period, he suffered asbestos exposure. The victim was responsible for replacing brakes and clutches on VW vehicles when he worked in Spokane, Washington, and used a grinding machine that sent asbestos dust flying into the air. Mr. T.S. also suffered asbestos exposure when he used an air compressor to blow brake dust away.
During the original trial, the court heard testimony that Volkswagen knew about the dangers of asbestos. It heard testimony that the company failed to provide adequate warning to workers, including Mr. T.S. Evidence showed that VW had tested for asbestos in its Germany facilities and implemented safety measures, including providing PPE for its workers. However, the defendant did not take the same steps for mechanics in other countries, including the U.S., leaving these workers vulnerable to asbestos exposure. The jury agreed that the deceased did not have an opportunity to protect himself from asbestos exposure in VW's brake pads.
Volkswagen appealed the jury's decisions, arguing that even if warnings had been provided, Mr. T.S. would not have read them. The defendant also challenged the instructions given to the jury, claiming that they were flawed and contributed to an unjust outcome. In response to VW's appeal, the three-judge panel that reviewed the case upheld the original decision. According to the appeals court, there was enough evidence to support the conclusion that T.S. would have paid attention to the automaker's warnings. The judges noted that testimony from the mesothelioma victim himself indicated that he would have listened to his bosses and others if they had warned him about the dangers of asbestos, especially given the life-threatening consequences of ignoring such warnings.
The judges also rejected VW's argument that there were no viable alternatives to the asbestos-contaminated brake pads. The judges maintained that the jury in the original trial acted reasonably when they found VW liable for failing to offer a safer alternative. The appeals court ordered that T.S.'s estate and son receive the $4.7 million award.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and help you and your family live a more comfortable life.
