Congratulations to my friends Joe Satterly , Andrea Houston and the rest of the trial team for an amazing result in this take-home exposure case.
The plaintiff offered to prove that the defendant was fully knowledgeable about the dangers of asbestos, conducted animal studies demonstrating same and failed to provide any warning whatsoever. A product that issue was an asbestos insulation product used extensively throughout the United States called “Kaylo.”
The jury returned a verdict of $16,342,500 in compensatory damages ($12,000,000 to Mrs. Grigg, $4,000,000 in loss of consortium and $342,500 in economic damages). Today the jury returned an $11,000,000 punitive award. There was an intentional tort finding and the setoffs will be about $3,000,000 for settlements.
An appeal is likely. The defendant will no doubt argue that the verdict was excessive. This case demonstrates how some juries become very unhappy when they believe information about a product’s dangers was known but intentionally withheld.
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