Facts

Husband and wife Jeffrey and Karen Emerson sued Allied Packing & Supply Inc., CBS Corp., Foster Wheeler LLC, General Electric Co., Georgia-Pacific LLC, Metropolitan Life Insurance Co., and Union Pacific Railroad Co., alleging workplace asbestos exposure, causing Jeffrey Emerson's fatal cancer.

PLAINTIFFS' CONTENTIONS:
Emerson was diagnosed with malignant mesothelioma in 2013. He has since passed away. Plaintiffs alleged that decedent's disease and eventual death were caused by exposure to asbestos. As such, plaintiffs sued multiple companies, including Emerson's former employer, Union Pacific. Most of the defendants settled out of the case for undisclosed amounts and the matter proceeded against Union Pacific only.

DEFENDANTS' CONTENTIONS:
Union Pacific claimed Emerson died not from mesothelioma but from lung cancer brought on by his cigarette smoking and from second-hand exposure to cigarette smoke via his ex-wife who had died from lung cancer. Alternatively, Union Pacific argued Emerson was exposed to asbestos during his Navy exposure.

Settlement Discussions

Plaintiffs made a CCP demand of $7.5 million. Defendants made a CCP 998 offer of $2.1 million.

Injuries

Emerson died from the fatal cancer shortly after he was deposed for this case.

Result

The jury ultimately awarded plaintiffs $6.5 million for his pain and suffering and economic damages in the amount of $451,265 for a total recovery of $6,951,264.