$10.4 Million Virginia Verdict "Not Excessive"

Ben Glass

Attorney
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The Supreme Court of Virginia has ruled that a City of Newport News jury's verdict of $10.4 million did not "shock the conscience of the court" in a case involving exposure to asbestoses. The defendant, John Crane, Inc. urged the Supreme Court to look at "average verdicts" in other similar cases involving injury and death from asbestos.

Rejecting that argument, the Court ruled that the facts and circumstances of each case must be examined to determine whether the verdict was excessive and the product of jury passion and prejudice or misapprehension about the case.

The factors the court pointed out, in upholding the verdict were:

1. medical bills of almost $4,000
2. funeral expenses of $9,678.00
3. evidence that after the decedent was diagnosed with mesothelioma, he was "barely mobile" and "very depressed," which was uncharacteristic for him.
4. evidence and testimony of sever grief and loss on the part of the surviving family members.

For more information on this subject, please refer to our section on Defective and Dangerous Products.