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Thursday, 15 July 2021 17:19

Washington Supreme Court Upholds $81.5 Million Verdict in Mesothelioma Case

Index

...give proper deference to the trial court's decision to exclude defendants' expert testimony as speculative and unfairly prejudicial.

 

The Supreme Court further determined the verdict was supported by "substantial evidence" and the trial court had correctly rejected defendants' contention the jury had been influenced by passion and prejudice.

 

The court was unequivocal in its determination "[t]here was nothing in the record unmistakably showing the jury's verdict was based on some improper consideration instead of the legally sufficient evidence."

 

"Trial by jury is the bedrock of our justice system," the Supreme Court wrote in its opinion. "We trust juries to render verdicts based on their assessment of the evidence according to the law as instructed by the trial court. Appellate review is appropriately limited, serving as a backstop to ensure trials are conducted fairly, the law is applied correctly and the verdict is within the bounds of justice."

 

The case is Gerri Coogan et al. v. Genuine Parts Co. et al., No. 15-2-09504-3 in the Pierce County Superior Court in Tacoma, WA. The case was tried on behalf of the Coogans by Dean and Ben Adams of Dean Omar Branham Shirley LLP. Lisa Shirley of Dean Omar Branham Shirley LLP was appellate counsel.

 

Source: Dean Omar Branham Shirley LLP

 

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