California appeals court upholds $11 million award in asbestos case

San Francisco, CA - An elderly couple was relieved last week when a California appeals court upheld a multi-million dollar award for them in an asbestos-related lawsuit.

Joseph and Mary Garza will be receiving over $11 million from Asbestos Corp. Ltd. for Mr. Garza’s suffering from asbestosis, an incurable lung disease, caused by his exposure to asbestos over 50 years ago. Mr. Garza, now 77, said in court that he requires an oxygen unit to breathe, is able to only walk very short distances, and is gradually losing his ability to care for his wife, who suffers from her own health issues and depends on him almost completely.

According to trial testimony, Mr. Garza joined the Navy in the 1940s when he was 17 years old and repaired ship boilers for more than a decade using asbestos products created by Asbestos Corp. He was never given warning about the dangers of the substance and did not wear protective equipment when he handled the material.

The elderly couple filed the civil suit against the company in 2005 after Mr. Garza was diagnosed with the cancer. In July 2006, the jury ruled in favor of the couple and awarded over $1.1 million to Mr. Garza for medical expenses and emotional distress, $400,000 to Mrs. Garza for her suffering due to the loss of her husband’s care, and $10 million in punitive damages against the asbestos producer.

Asbestos Corp. filed an appeal, but on March 28, 2008, the First District Court of Appeal upheld the verdict, ruling that the jury’s decision was justified. The court cited testimony that the company had known about the dangers of asbestos since the 1940s but intentionally marketed the product without warning labels until 1970, aware that people may die as a result.

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