Izell

Izell v. Union Carbide

Good Law
Court of Appeal of CaliforniaOctober 22, 2014B245085California13,058 words

Opinion

Opinion

INTRODUCTION

Union Carbide Corporation appeals from a judgment entered in favor of Plaintiffs Bobbie Izell and Helen Izell on claims for personal injuries and loss of consortium stemming from Mr. Izell’s alleged exposure to Union Carbide asbestos and subsequent diagnosis with mesothelioma. After a four-week trial the jury returned special verdicts finding Union Carbide 65 percent comparatively at fault for Plaintiffs’ injuries and awarding Plaintiffs $30 million in compensatory damages plus $18 million in punitive damages against Union Carbide. By remittitur, which Plaintiffs accepted, the trial court reduced the compensatory damage award to $6 million, but declined to disturb the punitive damages. On appeal, Union Carbide contends the evidence was insufficient to support the liability finding, apportionment of comparative fault, and the remitted compensatory damage award. Union Carbide also challenges the punitive damage award as excessive. We conclude the evidence was sufficient to support the verdict, as well as the compensatory and punitive damage awards. Accordingly, we affirm.

FACTS AND PROCEDURAL BACKGROUND

Union Carbide purchased an asbestos mine near Coalinga,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.