Court: Supreme Court of the State of New York, County of New York (NYCAL)
A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL).
Plaintiff Michael Wagner alleged he was exposed to asbestos from asbestos-containing products made, sold, and/or distributed by various entities over the course of his life. At the time of trial, only one defendant remained – North American Honda Motor Co. Inc.’s (Nissan).
After a weeks-long trial, a jury of six unanimously found Mr. Wagner was exposed to asbestos used in connection with Nissan’s products, that Nissan failed to exercise reasonable care by not providing a warning about asbestos used in connection with its products, and that Nissan’s failure to warn was a substantial factor in causing Mr. Wagner’s mesothelioma diagnosis. Significantly, the jury also found that Nissan did not act with reckless disregard for the safety of others, and thus, Nissan’s conduct did not warrant punitive damages.
Lastly, the jury further determined Mr. Wagner was also exposed to asbestos from products made, sold, and/or distributed by various other companies, in addition to Nissan, though they were not present at trial.
Ultimately, five of the six jurors determined Mr. Wagner was entitled to $300,000 for past pain and suffering (i.e., from the date of his diagnosis to the present day), and $300,000 for future pain and suffering, for a period of 8.4 years into the future.
Read the full decision here.
