For purposes of this article, the mesothelioma victim in this case will be referred to as B.D.J.
In a recent court decision, the South Carolina Supreme Court upheld a trial court's decision to increase a mesothelioma verdict. The case involved a mesothelioma victim, who for purposes of this article will be referred to as B.D.J., who blamed his illness on the asbestos exposure he experienced when he worked as a nuclear power plant inspector for Duke Power Company. After his diagnosis, B.D.J. and his wife filed a mesothelioma lawsuit against several defendants, including Fisher Controls International, LLC and Crosby Valve, LLC. The claimants managed to reach settlement agreements with many of the defendants. The case only proceeded to court with Fisher and Crosby. The trial court jury found the two defendants guilty and awarded damages, but the damages were far lower than those presented during the trial. The judge presiding over the case awarded more damages, and the two defendants objected to this decision. They appealed the decision, but the appellate court affirmed it. They then appealed to the South Carolina Supreme Court, which sided with the trial court's judge.
Mr. J's duties at Duke Power Company included overseeing a team responsible for replacing gaskets and valves on large pipes. The team also removed old gaskets and cleaned flanges using grinders and abrasives. According to Mr. J's testimony, this work generated a lot of dust, which he inhaled over the years. At trial, Mr. J testified that many of the gaskets and valves he worked with were asbestos-contaminated and that the two defendants manufactured them. It is this asbestos that he blamed for his illness. Mesothelioma is an aggressive form of cancer that is often caused by asbestos exposure. When a person inhales asbestos dust, the fibers get stuck in the lining of the lungs, abdomen, or heart, causing inflammation and scarring. Over time, this can result in a person developing mesothelioma.
Many of the defendants that Mr. J and his wife named in their lawsuit decided to reach a settlement agreement outside of court. The claimants settled with the defendants for a total of $2.27 million. After the trial court found Fisher and Crosby guilty, it ordered the defendants to pay $200,000 for Mr. J's personal injury claim and $100,000 for the wife's loss of consortium. Mr. J and his wife found these amounts significantly lower than what they were entitled to and asked the judge to intervene. The judge increased the damages to $1.58 million and $290,000, respectively. The defendants were given the option of accepting this increase or requesting a new trial. Fisher and Crosby appealed the decision, which was upheld by both the appellate court and the Supreme Court.
According to the Supreme Court justices, a trial court has the legal authority to modify a jury's verdict when the damages are deemed insufficient or excessive. This can be done to ensure the verdict aligns with the evidence and law. In other words, the Supreme Court found that the trial court had acted appropriately.
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.
