For purposes of this article, the mesothelioma victim in this case will be referred to as T.R.S.
In a recent court decision, the Washington State Supreme Court refused to review a mesothelioma case involving Volkswagen AG, leaving in place a $4.7 million judgment in favor of the family of T.R.S., a former auto mechanic who died from the asbestos-related disease. This decision brought an end to a legal battle that T.R.S.'s family has had to endure for years and secured the family the compensation they deserved for their loss.
This legal case began after T.R.S. was diagnosed with mesothelioma, a rare and aggressive cancer caused by asbestos exposure. When a person inhales asbestos fibers, they risk those fibers getting stuck in the lining of the lungs, abdomen, or heart, resulting in inflammation and scarring over time. This damage can cause mesothelioma, often decades after the initial exposure. In T.R.S.'s case, his asbestos exposure happened when he was servicing vehicle parts that contained asbestos, such as clutches and brakes, during his work at the United Volkswagen in Spokane, Washington, in the 1970s. In 2021, T.R.S. filed a lawsuit against Volkswagen AG and other defendants. Sadly, T.R.S. died a month after initiating his lawsuit. However, his case proceeded, and his estate won a $5.75 million award in 2022. That amount was later reduced to $4.7 million.
Even after this reduction, Volkswagen AG chose to challenge the verdict. The company claimed that the lower appellate court violated its due process protections when it confirmed the trial court's jurisdiction over the company. According to Volkswagen AG, it lacked sufficient ties to Washington to justify the court's jurisdiction. However, a three-judge panel ruled that Volkswagen AG had substantial control over its operations in the United States, including its U.S. dealerships. The judges pointed to the company's requirement that U.S. dealers follow standards developed in Germany, such as training, as evidence of this control. According to the court, this level of involvement provided a sufficient connection for Washington courts to have jurisdiction.
After losing the appeal, Volkswagen AG took the case to the Washington Supreme Court. However, the justices of the Supreme Court refused that request. The decision was listed on the court's public docket. As a result, T.R.S.'s family no longer has to worry about further appeals or delays in receiving the compensation awarded to them. The Supreme Court's refusal to review the matter effectively brought the legal matter to a close, finalizing the $4.7 million award.
The Supreme Court's decision not only provides T.R.S.'s family with financial relief but also a sense of relief for all the suffering their loved one endured before his passing and all the suffering they have experienced due to his death.
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.
