A recent court case involved a Plaintiff who worked as a ship fitter, rigger, and welder at a naval repair facility during the 1960s and 1970s. While performing routine maintenance on ships, he was exposed to asbestos-coated components, including gaskets and valves, in forced-draft blowers and turbines manufactured by Elliott Company. In 2005 he was diagnosed with mesothelioma. He died the following year at age 62.
According to Products Liability Law Reporter, Vol. 27, No. 2, March 2008, Plaintiff’s wife, individually and on behalf of his estate, sued Elliott Company, alleging design defect and failure to warn of the dangers of handling the asbestos-coated components without protective gear. Defendant countered by saying it was the U. S. Navy that bore responsibility for his asbestos exposure and therefore was responsible for warning about asbestos hazards because it controlled the environment on the ships, allegedly knew more about the asbestos-related disease than the manufacturers, and also that the state of scientific knowledge was insufficient to require defendant to warn of the dangers of asbestos exposure. The jury found that the Navy was not at fault and assessed liability at 40 percent to Elliott and 60 percent to other equipment manufacturers and employers who either settled before trial or were not parties. The jury also found that the Defendant had acted with malice. Therefore the jury awarded $1.75 million in compensatory damages, including $1.2 million for loss of consortium. The parties settled for a confidential amount before the jury assessed punitive damages.