Judgment Nov Granted For Seaman Who Died From Asbestos Exposure Even Though Jury Found No Causation
CHRISTINA TORREJON, INDIVIDUALLY AND AS PERSONALREPRESENTATIVE OF THE ESTATE OF JOSEPH TORREJON VERSUS MOBIL OIL COMPANY,INDIVIDUALLY AND AS SUCCESSOR TO SOCONY VACUUM OIL COMPANY AND SOCONY MOBIL OILCOMPANY; BABCOCK & WILCOX COMPANY; COMBUSTION ENGINEERING, INC.; THE FLINTKOTECOMPANY; FOSTER WHEELER CORPORATION ; GARLOCK INC.; ET AL.
NO. 2003-CA-1426
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT
2003-1426 (La.App. 4 Cir, 06/02/04);
2004 La. App. LEXIS 1517
June 2, 2004, Decided
PROCEDURAL POSTURE: Defendant employer appealed a judgment from the Civil District Court, Orleans Parish (Louisiana), which, in a maritime wrongful death case, granted a judgment notwithstanding the verdict (JNOV) in favor of plaintiff, the personal representative of a deceased employee's estate.
OVERVIEW: The employee died of mesothelioma. The parties stipulated that the disease was caused by asbestos exposure. The employer argued that the particular asbestos exposure that caused the mesothelioma could have occurred elsewhere. The jury found that the employer was negligent in exposing the employee to asbestos, but the jury also found a lack of causation. The court, in affirming the trial court's grant of JNOV to the estate, concluded that the jury's finding of lack of causation was completely absent of evidence, inferences, and pertinent law to support it. The court noted that a featherweight standard of causation was applicable in Jones Act cases. Although some manufacturers of asbestos had entered into a settlement agreement with the estate, the trial court did not err in finding that the employer was wholly liable, having failed to establish liability on the part of the settling manufacturers. The trial court acted within its discretion in clarifying its reasons for judgment to delete an improper reference to loss of society damages, which were not available in a Jones Act case; hence, the trial court did not err in denying the employer's motion for new trial.
OUTCOME: The court affirmed the judgment in favor of the estate.
