A Tennessee Supreme Court ruling has found that a trial judgment was incorrect when it awarded no money to man who passed away form mesothelioma due to asbestos exposure that was caused by a former employer.
Hugh Todd Nye passed away in 2006 from mesothelioma that doctors – and the jury of the asbestos lawsuit that followed – felt was likely caused by his years of work at a DuPont facility that used a number of products that contain.
However, during the trial, the use of an intermediary doctrine designed to protect companies from being held liable for products they are not responsible for was also utilized and dictated that North Brothers – the company that sold the asbestos products in question – was subject to a strict liability suit regarding Nye’s diagnosis, not DuPont.
With discrepancy between the companies that were deemed liable for the diagnosis and responsible for payment regarding damages, Nye’s widow ended up receiving no monetary award for her husband’s death.
Following the case, the Tennessee Court of Appeals and Supreme Court stepped in. Both entities ruled that the intermediary doctrine had been improperly invoked and was “not applicable under the circumstances of [the] case.”
“It was proper for the jury to consider the actions of DuPont in determining whether DuPont was the cause in fact of Mr. Nye’s injuries,” read the court’s opinion, which was authored by Justice Sharon Lee. “However, it does not follow that it was also proper to instruct the jury that if DuPont was aware of any dangers in connection with the use of the products it purchased from North Brothers, North Brothers could not be held liable for failure to warn.”
With this situation now resolved, hopefully the Nye family can be properly compensated by the companies that caused Hugh’s mesothelioma diagnosis. We’ll keep you updated on any new developments.
If you or a loved one are undergoing mesothelioma treatment and wish to take action against the entities that may be at fault, there may be mesothelioma lawyers who can help you file a mesothelioma lawsuit. If you would like your asbestos law questions answered, please contact Sokolove Law for a free legal consultation to see if you qualify for a mesothelioma attorney to begin the process of pursuing a settlement.