In a recent opinion from the California Court of Appeals – Fifth Appellate District, a civil jury had awarded the plaintiff’s family (surviving spouse and children) approximately $5.8 in connection with this his death from malignant mesothelioma. Malignant mesothelioma is very rare form of cancer almost always associated with exposure to deadly asbestos fibers. However, it should be noted that, while it is considered rare as compared to other types of cancers, thousands of people suffer and die each year in the United States alone from malignant mesothelioma.
In this case, when making their finding of liability and assigning damages, the jury found that defendant was exposed to the deadly asbestos fibers from brakes. However, the defendant appealed, arguing that the jury’s special verdict form indicated serious inconsistencies, the trial court erred when not giving certain proposed jury instructions, and the course erred also in allowing allegedly prejudicial evidence to be admitted. Continue reading →