Mesothelioma is a serious disease that can lead to a person’s death. When a business is accused of exposing its workers to mesothelioma, there is a chance that the individual or their family members could be compensated for the damage caused.
When you take a case to court, you have the right to a juried trial and one that is fair and unbiased. Sometimes, your attorney will ask for certain testimonies to be excluded because they are prejudiced or speculative.
Take for example this cases which has reconfirmed the initial verdict of the Coogan case.
In July 2021, the Washington Supreme Court reversed the Court of Appeal’s decision to overturn an award ordered for Doy Coogan following a trial that found his past employers responsible for his mesothelioma diagnosis and death. Initially, the original jury had found that the two businesses, Genuine Parts Company (GPC) and National Automotive Parts Association (NAPA) were liable for the man’s wrongful death and the pain and suffering that he and his family had gone through.
Our firm served as co-counsel in this case fighting to overturn the appellate court’s ruling. The Washington Supreme Court agreed that the award should be given to the family because the trial by jury is the bedrock of the justice system and that we need to trust the juries to produce verdicts after reviewing evidence according to the law.
It was also found that the Court of Appeals had not given the right deference to the trial court and its decision not to include all of the defendants’ testimonials. The expert testimony, it was argued, was unfair because it was both speculative and prejudiced.
While the Court of Appeals argued that the $81 million verdict was excessive, the Supreme Court did not agree. As long as the law was applied correctly and the trial was conducted fairly, the jury’s decision should be trusted.
Why does this ruling matter to you?
The results of this case will continue to impact families who are dealing with asbestos-related diseases and their fights for justice. Knowing that the jury’s decision in your case can be upheld and that all laws will be followed can help you rest easy knowing that your case will be taken seriously.