New Jersey Appellate Division Upholds $7.5 Million Verdict for Peritoneal Mesothelioma from Take Home Asbestos Exposure
New Jersey Appellate Division affirms LPK’s client Bonnie Anderson's $7.5 Million verdict against Exxon Mobil. Bonnie Anderson, who suffers from peritoneal mesothelioma, was exposed to asbestos from laundering the asbestos-contaminated clothing of her husband who worked at the Exxon Bayway Refinery in New Jersey. This is a landmark decision that will serve to protect the rights of anyone who develops mesothelioma as a result of laundering the asbestos-contaminated work clothes of their spouse.
 TRENTON, New Jersey, August 20, 2010 - The Appellate Division of the Superior Court of New Jersey upheld the $7.5 Million verdict1 rendered in May, 2008, for Bonnie Anderson’s pain and suffering and loss of consortium claims resulting from her peritoneal mesothelioma. Bonnie Anderson has developed peritoneal mesothelioma as a result of the exposure to asbestos fibers unknowingly brought home on the work clothes of her husband John Anderson during the decades that he worked at the Exxon Bayway Refinery in New Jersey. Bonnie was exposed to these cancer-causing fibers as a result of washing her husband’s asbestos-contaminated work clothes. Bonnie also worked at the Exxon Bayway Refinery from 1975 to 1985.
Bonnie Anderson, a former librarian and avid horseback rider from Linden, NJ (now a resident of Berkeley Heights, NJ), was diagnosed with peritoneal mesothelioma in 2002 when she was 53 years old. So far, Bonnie has battled through two abdominal surgeries, chemotherapy and radiation in an effort to fight her mesothelioma. She also helps other mesothelioma victims through her advocacy with the Mesothelioma Applied Research Foundation, a national organization dedicated to helping those afflicted with mesothelioma and seeking to cure this fatal disease. Bonnie continues to fight her battle against this cancer.
The trial, which was solely to determine the issue of damages, began on May 21, 2008. Previously, in November 2007, a separate Middlesex County jury rendered a verdict in favor of the Andersons in the amount of $500,000 following a six week trial. That jury determined that Bonnie Anderson suffers from peritoneal mesothelioma and that ExxonMobil Corporation breached its duty in failing to protect or warn the Andersons of the hazards of asbestos and thus proximately caused Bonnie Anderson’s peritoneal mesothelioma. Because the 2007 jury only returned a verdict of $500,000 for pain and suffering, and awarded no recovery for the loss of consortium claim, Judge Ann McCormick ordered a new trial on the issue of damages.
The case was tried by Moshe Maimon, who acted as lead attorney, and assisted by John Guinan, both mesothelioma lawyers from Levy Phillips & Konigsberg, LLP.
The defendant at trial was Exxon Mobil Corporation, represented by Christopher Keale of Sedgwick, Detert, Moran & Arnold LLP, and Tom Radcliffe of DeHay & Elliston LLP.
For over a quarter of a century, mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country. For more information about this or other mesothelioma lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6300 or 1-800-MESOLAW (1-800-637-6529), 24 hours a day, 7 days a week.
ATTENTION:
Malignant peritoneal mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from malignant peritoneal mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma lawyers. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
IMPORTANT:
If you or your family member has been diagnosed with peritoneal mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to peritoneal mesothelioma lawsuits where the claimant is still alive.
Find out whether you have a case by speaking to one of our experienced mesothelioma attorneys via our 24/7 toll-free hotline at 1-800-MESOLAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.
NOTE:
While our offices are located in the states of New York, New Jersey, and California, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.
1 Bonnie Anderson and John R. Anderson vs. Exxon Mobil Corporation et al., No. A-5892-07T1 (N.J. Super. App. Div.).
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