Rhoda Evans was awarded an incredible $208.8 million late last week by the Central District Los Angeles Superior Court jury in a lawsuit regarding negligent asbestos exposure and the subsequent development of an asbestos related disease. The prosecution demonstrated that the defendant supplied asbestos products to Rhoda Evan’s husband’s employer in full knowledge that the products were hazardous to human health and could in fact cause fatal disease. Bobby Evans, Rhoda Evan’s husband, unknowingly brought large amounts of toxic dust home in his clothes which Rhoda was then accidentally exposed to.
Bobby Evans worked for the state for almost twenty five years. A portion of his duties included cutting cement water pipes to the appropriate sizes using a powerful abrasion saw. Bobby was unaware that the cement pipes he worked with contained asbestos fibers used as a strengthening agent, because CertainTeed, the supplier of the pipes, failed to warn their consumers of that fact. The prosecution demonstrated that while CertainTeed was well aware of the dangers of asbestos as early as the 1960′s, they failed to mark their products and warn their customers accordingly until some twenty five years later in 1985.
Mesothelioma, the disease that Rhoda later developed, is an aggressive and terminal cancer linked directly with exposure to asbestos dust. When microscopic asbestos fibers are released into the air they can become unintentionally inhaled or even ingested. The fibers’ unique, thread like shape make them incredibly difficult for the body to properly collect and dispose of using mucus membranes and other normal methods. Asbestos fibers are so tiny that they pass directly through lung or intestinal walls and become caught up in a protective lining in the chest and abdominal cavity known as the mesothelium. The mesothelium responds to the fibers by scarring, which, after years or even decades can eventually develop into malignant tumors.
Asbestos companies have been aware of the dangers of the substance since as early as the 1920′s. The importance of asbestos to a variety of industries as well as its profitability motivated many companies to downplay its inherent health hazards. It was more than half a century later in the 1980′s when many nations including the United States began recognizing asbestos as a toxic substance.
The Central District Los Angeles Superior Court jury revealed their record setting decision last week. In addition to awarding Rhoda $8.8 million in compensatory damages, they required CertainTeed to pay an additional $200 million in punitive damages.
CertainTeed claims that the punitive damages are unconstitutional, and that they will fight the verdict and the award.
