State Supreme Court Halves Jury Verdict in Asbestos Case
Last year, a jury found in favor of a U.S. Navy sailor's family awarding the family almost $6 million. However, a few weeks ago the Virginia State Supreme Court cut the jury's verdict in half to $2.83 million. It held that the jury should not have been allowed to award pain and suffering damages.
Robert Hardick was a former Navy petty officer and had been a shipfitter and machine repairperson for Navy ships. Due to working conditions on Navy ships that included breathing asbestos fibers for a couple decades, Mr. Hardick died after suffering from mesothelioma at 69 years old.
The VA Supreme Court cited the U.S. Supreme Court, where it stated that a "seaman" is a broadly used maritime term. One only needed to "contribute to the function of the vessel or to the accomplishment of its mission." Thus, the VA Supreme Court held that the trial court erred by allowing the jury to award Hardick's family nonpecuniary damages for the wrongful death of Mr. Hardick.
Defendant John Crane Inc. expressed approval of this decision to vacate the pain and suffering and loss of society awards.
includes a homeless shelter. However, part of the construction that was under way last year apparently included asbestos removal that violated guidelines. The contractor, Evergreen Asbestos, was fined $25,450 for 14 violations.
In these railroad buildings, asbestos was used as insulation in the walls, around pipes and in various other building products.
In the Pacific Northwest, the railroad industry has been strong and active. Many national Railroads, such as the Union Pacific and Burlington Northern Santa Fe Railroads have had a long history in both Washington and Oregon. That history has included not only the motive of rail cars within Washington and Oregon, but, also the maintenance and repair of locomotives, as well as, rail cars, rail equipment and machinery.
Puget Sound Naval Shipyard became a Navy Shipyard during World War I. It is located across from Seattle in Bremerton. During World War II the shipyard was quite active. After the war ended, shipyard continued to repair and modernize Naval vessels. Unfortunately, a significant of asbestos containing products were used in the shipyard. Workers at the shipyard have had a high incident of asbestos-related diseases, including mesothelioma. These workers, while helping our country and the community were exposed to these deadly asbestos fibers. 
Over the next few weeks, I will share some facts about where many workers over the years were exposed to asbestos in the State of Washington. As you suspect, many were exposed in the shipbuilding and ship repair industry given Washington location off the coast of the Pacific Ocean. Todd shipyard came to Seattlearound 1916. Peak operations occurred during the World War era, throughout the 1960s and 1970s, Todd Shipyard continued it operations building and repairing such vessels as ferry boats, Navy destroyers and frigates and tug boats to name a few. Unfortunately, the shipyard used asbestos extensively in it operations. Many workers were unknowingly exposed to high levels of asbestos. As a result, many of those workers have contracted asbestos related diseases, including mesothelioma and other related cancers.
Kevin Coluccio is a partner and trial lawyer at Stritmatter Kessler Whelan Coluccio, a leading plaintiff personal injury and wrongful...
