California Appellate Court Affirms $24 Million Damage Award In Asbestos Case

Earlier this week, the Court of Appeal of California affirmed a Los Angeles jury’s award against an asbestos supplier for $6 million in compensatory damages and $18 million in punitive damages.  The case concerned the fault for a builder’s mesothelioma and his wife’s loss of consortium.  Originally, the jury awarded $30 million in compensatory damages but the trial judge reduced that award to $6 million.  The jury found the asbestos supplier bore 65% of comparative fault for the compensatory damages.

The Court of Appeal held that the evidence was sufficient to show that the builder had been exposed to the supplier’s asbestos because it showed that the defendant was the exclusive asbestos supplier to a joint compound manufacturer during the time when the builder inhaled dust from that product.  The Court of Appeal also found that the evidence was sufficient to support the $6 million compensatory damage award even though that amount was on the high-end of reported mesothelioma decisions, particularly for the builder’s advanced age (86 years old at the time of trial).

The Court of Appeal also affirmed the punitive damage award, but the dissenting judge argued that given the trial court’s reduction of compensatory damages, a new trial should have been ordered for a new punitive damages award.