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Asbestos Drywall Contractor Loses Appeal in Bank Manager’s Mesothelioma Lawsuit

An asbestos drywall contractor has lost its appeal in a mesothelioma case involving a bank manager. The plaintiff, who worked in a bank undergoing renovations, brought the suit against the drywall contractor (defendant) “alleging that his exposure to asbestos-containing products used by the company during construction at his workplace in 1974 caused the malignant pleural mesothelioma with which he was diagnosed with in 2013.”

The suit against the company was filed in July 2014 and alleged that the plaintiff’s regular and frequent exposure to the asbestos-containing dust from the company’s sanding and clean-up of the drywall work on the fourth floor of Union Trust Bank, where he worked as a manager in 1974, was a substantial contributing factor in the development of his mesothelioma.

The drywall contractor moved for summary judgment, but after a hearing on the matter, the trial court denied the company’s motion. At trial, the plaintiff testified that he was exposed to visible dust from the drywall sanding on a daily basis, and he had to wipe it off his desk and clothes numerous times each day.

Following the trial, a jury returned a verdict in favor of the plaintiff, awarding him More than $8.1 million in compensatory damages. The trial court entered a final judgment of more than $2.6 million based on awards received from other negligent defendants. The drywall contractor filed post-trial motions for judgment notwithstanding the verdict (“JNOV”), a new trial, and/or remittitur. The court denied the company’s post-trial motions, except for the reduction of the $2.6 million-plus judgment. The company appealed and lost.

The Maryland Appellate Court recently affirmed the more than $2.6 million judgment against the drywall contractor, finding that there was sufficient evidence to support the plaintiff’s claims. The Court concluded that the evidence “sufficiently identified” the defendant “as the drywall contractor” for the plaintiff’s job site.

The company was ordered to pay the plaintiff, compensating him for his medical expenses, pain and suffering and other damages. The judgment also included costs of litigating the appeal that the company filed.

If you have been exposed to asbestos, see your doctor right away. There is no cure for mesothelioma. However, early detection could lead to better treatment options and outcomes. See your doctor today.

 

Sources

Circuit Court for Baltimore County. 06 Jul. 2018. Web. 15 Nov. 2018.

"Md. Appellate Court Affirms $2.6 Million Judgment Entered in Asbestos Case Against Drywall Contractor." HarrisMartin.com. HarrisMartin Publishing, 07 Jul. 2018. Web. 15 Nov. 2018.