$5.0 MillionPipefitter
$3.0 MillionPipefitter/Welder
$2.5 MillionSecondary Exposure
$2.3 MillionPlumber/Pipefitter/Welder
$2.1 MillionMachinist
$2.0 MillionPlumber/Laborer
The National Trial Lawyers / Top 100 - Badge
Accredited Business A+ - Badge
Multi-Million Dollar Advocates Forum - Badge
10 Best Attorney / Client Satisfaction - Badge
Asbestos Mesothelioma / Trial Lawyer / Top 10 - Badge
Best Attorneys of America / 2024 Member - Badge
Veteran Approved - Badge
Americas Top 100 Attorneys - Badge
Lawyers of Distinction - Badge
American Association for Justice - Badge
Best Law Firms of America - Badge
Top America Lawyers - Badge

Missouri Appeals Court Upholds Punitive Damages Award in Mesothelioma Lawsuit

Throneberry Law Group
Thumbnail image for Thumbnail image for iStock-460053679.jpg

A Missouri state appeals court recently upheld a substantial plaintiff’s verdict in an asbestos cancer lawsuit alleging that the defendant, an industrial parts manufacturer is to blame for the victim’s mesothelioma diagnosis and subsequent death. The defendant sought to overturn a jury’s order to pay the plaintiff’s estate $10 million in punitive damages as punishment for manufacturing engine gaskets containing deadly asbestos fibers.

The plaintiff’s lawsuit alleged that the plaintiff came in contact with asbestos dust from engine gaskets manufactured by Crane, Co. while working as a machinist aboard a World War II era ship. After the plaintiff lost his life to malignant mesothelioma in May of 2012, the victim’s widow filed suit against Crane to recover for her husband’s suffering and loss of services.

At trial, the jury sided with the plaintiff and awarded her $1.5 million in compensatory damages but went even further to include $10 million in punitive damages to punish the defendant for knowingly manufacturing such dangerous products. The defendant appealed the verdict in January of 2016, arguing that the plaintiff failed to prevent sufficient evidence linking the defendant’s products to the victim’s mesothelioma diagnosis.

Furthermore, the defendant claimed that the $10 million punitive damages award was excessive, violated its right to due process, and exceeded the state’s cap on such awards. The defendant also argued the lower court should have reduced the award, even in finding the plaintiff met her burden of proof.

$10 Million Award Upheld on Appeal

On appeal, the Court of Appeals of Missouri Eastern District determined that the plaintiff did in fact present sufficient evidence in keeping with established legal precedent, which allowed the jury to come to a fair conclusion. The appeals court ruled there was sufficient evidence to show the defendant manufactured a defective product and failed to warn the plaintiff about the very real dangers of adverse health effects.

As is often the case in mesothelioma cancer lawsuits, the defendants went to great lengths to skirt responsibility for their careless actions. Time and again, juries across the country have ruled on behalf of plaintiffs harmed by the careless disregard for public safety committed by large corporations committed only to increasing profits at the expense of others.

Hopefully, the jury’s fair award in this case will send a message to other companies that court will not tolerate indifference to the health and safety of workers. Mesothelioma cancer victims should strongly consider speaking to an experienced attorney about their own case to determine what types of compensation may be available through the courts and other means to help pay for their damages suffered.

Nationwide Mesothelioma Lawyer

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide 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 to help you and your family live a more comfortable life.

Client Reviews

"You are the reason my mother was able to cope with losing a loved one. You and your staff are always helpful and go above and beyond to help. You have been great to my family and especially my mother. My mother would always come out of your office with a peace of mind."

R.S.

We are so appreciative of the results Michael Throneberry got for us! Michael Throneberry and the attorneys we worked with were focused on our peace of mind and seemed to care for my family and me as if we were family. They truly get it. We were thrilled with the result and would recommend this firm...

M.S.

During one of my family's darkest and trying times, Michael Throneberry was there to provide help. His personal experience with mesothelioma made certain that he advised us like family. Thank you, you are wonderful. Do yourself a favor and let him help you during this trying time. He is a true 10 on...

T.S.

Michael Throneberry gave me a whole new outlook on attorneys'! A very caring person who was more concerned with my health than a case. Truly unexpected! He explained possible conditions in english and even found the right doctors in my area. Prepared me for the right questions to ask the doctors so...

Greg

Contact Us

  1. 1 Free Consultation
  2. 2 Will Travel to You
  3. 3 No Fees Unless You Win

Fill out the contact form or call us at (888) 506-1131 to schedule your free consultation.

Leave Us a Message