« Estate Of Niagra Falls Plant Worker Awarded $2.25 Million In Asbestos Lawsuit | Home | Australian Researchers Pioneering New Mesothelioma Treatment Using Radiotherapy »
Large Asbestos Jury Verdict For Mesothelioma Victim Reversed By Florida Appeals Court
By Thomas J. Lamb at AsbestosHUB.com | November 3, 2009
As we reported back in Spring of 2008, a Miami-Dade County jury found Honeywell International negligent for selling asbestos brakes awarding Stephen E. Guilder and his family almost $24.2 million. Asbestos News Minute covered this story, as well.
Now, after Mr. Guilder’s death and over a year later, Florida’s 3rd District Court of Appeal has reversed this decision. The Daily Business Review reports, from Law.com:
The 3rd DCA reversed on several grounds, agreeing with Honeywell that Senior Judge Richard Yale Feder erred by allowing into evidence a prejudicial letter from a Bendix employee to an asbestos supplier in the 1960s which illustrated Honeywell’s knowledge of asbestos dangers. The appellate court ruled the judge should have redacted a prejudicial section.
The three-judge panel also determined Feder should have included third parties on the verdict form so jurors could apportion comparative fault and Guilder’s children were not entitled to loss of consortium.
Guilder’s initial victory was one of the highest ever awarded to a single mesothelioma victim back in April 2008. He suffered from peritoneal mesothelioma, the rare form of deadly cancer caused by asbestos exposure.
After losing their father and being stripped of their award, the family suffers.
Honeywell, on the other hand, is “pleased”.
Watch a report on this new development on Asbestos News Minute.
Topics: Claims, Law, Lawsuits |
