Miss. Judge Tosses $322M Asbestos Ruling
(JACKSON, Miss.) A Mississippi judge has thrown out a $322 million lawsuit verdict that had been hailed as the largest asbestos award for a single plaintiff in U.S. history.
The case began to unravel last year after defense lawyers asked the Mississippi Supreme Court to remove the presiding judge because he allegedly neglected to disclose that his parents had been involved in similar asbestos litigation against one of the same companies. A specially appointed judge, William Coleman, issued an order vacating the verdict and award on Dec. 27. (The 50 Worst Inventions: Asbestos)
The case from Smith County, Miss., involved a lawsuit filed by Thomas Brown, who claimed he had inhaled asbestos dust while mixing drilling mud sold and manufactured by Chevron Phillips Chemical Co. and Union Carbide Corporation.
Union Carbide spokesman Scot Wheeler said in an email to The Associated Press that the company was pleased with the verdict because it “was outrageous and completely unsupported by the facts and applicable law.”
“Union Carbide will continue to vigorously defend all asbestos cases brought against the company,” he said.
Wheeler said a retrial has been set for April but the venue for the trial has not been determined.
Brown, who was 48 at the time of the award in May, said he was diagnosed with asbestosis and required to take oxygen 24-hours a day. The jury awarded Brown $300 million in punitive damages and $22 million in actual damages. Brown’s lawyer, Allen Hossley, said it was the biggest asbestos award ever to a single plaintiff.
Hossley, a Dallas attorney, didn’t immediately respond Tuesday to a message requesting comment.
Article source: http://www.time.com/time/business/article/0,8599,2103656,00.html