In a stunning legal upheaval, a New Jersey appeals court has granted a fresh trial to a Dow Chemical Co. unit, Union Carbide Corp., overturning a hefty $2.38 million judgment. The ruling, delivered Wednesday, stemmed from a case accusing Union Carbide’s asbestos of causing a manufacturing plant worker’s fatal mesothelioma.
The appeals panel cited erroneous jury instructions regarding the company’s duty to warn about the product’s hazards as the pivotal flaw in the initial trial.
The Appellate Division panel’s decision resonated with precedent, notably invoking the 1998 Grier v. Cochran Western Corp. ruling, which established a standard of reasonableness in ensuring warnings reached end users.
Contrary to the trial court’s directive, the panel affirmed that Union Carbide could discharge its duty by furnishing adequate warnings and information to the employer, provided such efforts were deemed reasonable under the circumstances.
Critical to the appellate panel’s verdict was the delineation of the “proximate cause” standard. While the initial trial emphasized minimal exposure, the appeals court underscored the need to prove frequent, close proximity contact with the hazardous product, aligning with the 1989 Sholtis v. American Cyanamid Co. precedent.
The case unfolded against the backdrop of Willis Edenfield’s tragic demise from mesothelioma in 2011. A stalwart in the adhesive manufacturing sector, Edenfield’s job exposed him to Union Carbide’s asbestos-laden products over decades. His widow, Thomasenia L. Fowler, subsequently waged a legal battle, culminating in the initial trial’s multimillion-dollar verdict.
Legal aficionados await with bated breath as the stage is set for a fresh legal showdown, underscoring the intricate dance between corporate responsibility and legal precedent. The verdict’s reverberations are poised to shape the landscape of future asbestos litigation, casting a spotlight on the delicate balance between duty, accountability, and justice.
Representatives for both parties remained tight-lipped in the aftermath of the appellate bombshell, leaving observers to speculate on the strategic maneuvers that lie ahead. With appellate judges Jose L. Fuentes, Mary Gibbons Whipple, and Lisa Rose at the helm, the legal saga promises a riveting spectacle as it unfolds in the halls of justice.
Fowler finds staunch advocacy in the form of Amber R. Long and Madeleine Skaller of Levy Konigsberg LLP, while Union Carbide mounts its defense under the guidance of Richard D. Picini of Caruso Smith Picini PC and the legal team at Mayer Brown LLP.
As the legal pendulum swings, the case, titled Thomasenia L. Fowler v. Akzo Nobel Chemicals Inc. et al., captivates legal minds and lay observers alike, emblematic of the enduring struggle for justice in the face of corporate adversity.
