Izell v. Union CarbideAnnotate this Case
Plaintiffs, Bobbie and Helen Izell, filed suit against Union Carbide, alleging claims for personal injuries and loss of consortium stemming from Mr. Izell's alleged exposure to asbestos and subsequent diagnosis of mesothelioma. On appeal, Union Carbide challenged the judgment entered in favor of plaintiffs. The court concluded that substantial evidence supported the finding that Mr. Izell was exposed to asbestos supplied by Union Carbide and Union Carbide's asbestos was a substantial factor in increasing Mr. Izell's risk of developing mesothelioma. Therefore, the evidence of causation was sufficient. Further, substantial evidence supported the jury's apportionment of comparative fault, and substantial evidence supported the award of compensatory and punitive damages. Accordingly, the court affirmed the judgment.