According to Covil Corp., a federal judge must reverse a verdict that totaled $33 million to an ex-employee who died of mesotheleoma. According to the widow and attorney, Jessica Dean, , Mr. Finch died while being exposed to asbestos while working for Firestone in their tire factory. It is believed that the damages were presented punitively even though the punitive hearing was over.
According to Jessica Dean, attorney for the plaintiff, she believes that the judgement is suitable for the case and the length of time that Mr. Finch had been exposed to asbestos. However, Covil Corp. believes that the judgement is way more than what would normally be awarded.
Although the job position of Mr. Finch is unclear, he explained in court that he assisted in the transportation of insulation containing asbestos and labeled the shipment boxes as being “asbestos-free” before they were shipped to various other companies.
As Jessica Dean closed her arguments during the trial, she concluded that the corporation had misrepresented the exact quantity of the insulation that was supplied. In fact, it is believed that the amount was actually a lot less than what was said.
According to Covil attornies, they feel that a judge should grant a retrial if the award is not overturned.
In spite of this, the original jury had found that Covil had failed to warn Mr. Finch about the risks of the asbestos exposure as he worked around it for 20 years. It is also believed that Covil also failed to educate Mr. Finch about the safety of working around asbestos.