November 21st, 2007

A California jury awarded punitive damages, as well as general damages, in an asbestos case this week. The suit was over a shipyard worker who had been exposed to asbestos for almost 40 years.

The family of a shipyard worker was awarded more than $5 million this week after a California jury decided a company had acted with malice. The case was against 21 companies in the death of a naval shipyard worker; 20 of the companies settled privately before the trial went before a jury. The remaining company was ordered to pay $5.2 million in damages, including $2 million in punitive damages. The man had been exposed to asbestos while removing asbestos-laden insulation from boilers made by the liable company.

The man had been exposed to asbestos throughout his 37 years working in shipyards. The career naval machinist died in 2006 of mesothelioma, a form of lung cancer that is directly linked with asbestos exposure. Mesothelioma occurs when asbestos breaks apart after being disturbed. The asbestos becomes airborne, where it can be inhaled and becomes stuck in the lungs. The tissue there cannot absorb oxygen and begins to die, slowly suffocating the victim. The New Jersey company plans to appeal the award later this month.