An asbestos lawsuit being presided over by a replacement judge in Mississippi has sadly not been ruled in favor of the man suffering from asbestosis who initiated it. All the more troubling is the fact that the verdict was once nearly in his favor, but was overruled by what some could claim was a legal technicality.
Thomas Brown had initially launched his asbestos lawsuit against Union Carbide Corp. alleging that he had been exposed to asbestos while working on oil rigs from 1979 until the mid-1980a by drilling mud products sold by Chevron Phillips and manufactured by Union Carbide. Brown now has asbestosis and requires an oxygen tank to breathe, Law360 reported.
The initial trial for his asbestos claim was presided over by Judge Eddie H. Bowen. The jury of that trial found Chevron Phillips Chemical and Union Carbide to be responsible for the asbestos exposure that caused Brown’s illness and awarded him $322 million in combined damages.
However, the verdict did not stand long. A motion by Union Carbide to remove Judge Bowen was granted by the Mississippi Supreme Court last October after it was determined that Bowen’s parents had brought asbestos claims against Union Carbide after his father was diagnosed with asbestosis as well. Bowen’s parents eventually settled with Union Carbide.
Brown’s verdict was thrown out two months later, and the second trial he received in front of the replacement judge was ruled in favor of Union Carbide instead of him.
This unfortunate story underscores the idea that a mesothelioma lawsuit is rarely an open and shut case and can be affected by various small details of the legal system. It is also a situation like this when having experienced legal help on your side may help to sway an asbestos lawsuit in your favor. Contact Sokolove Law today to learn more about pursuing a mesothelioma