Izell v. Union Carbide Corp.
Annotate this CasePlaintiff and his wife filed suit against Union Carbide for personal injuries and loss of consortium stemming from plaintiff's exposure to Union Carbide asbestos and subsequent diagnosis of mesothelioma. On appeal, Union Carbide challenged the judgment entered in favor of plaintiffs. The court concluded that substantial evidence supports the jury's causation finding that plaintiff was exposed to asbestos supplied by Union Carbide and that Union Carbide's asbestos was a substantial factor in increasing plaintiff's risk of developing mesothelioma; substantial evidence supports the jury's apportionment of comparative fault; substantial evidence supports the amount of compensatory damages after remittitur; and the punitive damage award is not unconstitutionally excessive. Accordingly, the court affirmed the judgment.
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