Asbestos kills, plain and simple. Nevertheless, some North Carolina residents who have suffered from asbestos-induced mesothelioma or lung cancer are fortunate enough to survive these painful and costly illnesses. These surviving victims (and the families of those who die) may be entitled to restitution under the law.
Recently, an asbestos-related case was decided in the favor of the plaintiff in a Northeast state. The decision was appealed to a Superior Court, which has re-affirmed the previous jury’s decision to award the victim $1 million in compensation. The victim was an ex-car mechanic who had been exposed to asbestos while working for Ford Motor Company. He later contracted mesothelioma as a result of his asbestos exposure, according to expert testimony.
The man’s case was consolidated along with two other asbestos-related claims that the man filed against his other employers. Ford argued that this consolidation was not fair. Also, conflicting expert testimony was presented by both sides. Experts representing Ford tried to argue that there was no correlation between brake dust that contains asbestos and diseases caused by asbestos exposure. The man had been exposed to Ford break dust in 1950 while employed in a mechanic shop for several months. Nevertheless, an expert representing the man successfully presented proof that a direct correlation does exist and there is no “safe” level of exposure to asbestos.
The favorable decision for the victim in this asbestos case reflects how serious courts are when it comes to asbestos claims. Indeed, North Carolina residents who contract mesothelioma and other kinds of illnesses after being exposed to asbestos on the job may wish to investigate whether they have viable claims for damages.
Source: legalnewsline.com, “Pa. appellate court affirms $1M jury verdict, cites inconsistencies in defense expert opinions” Heather Isringhausen Gvillo, May. 23, 2014