Facts

Plaintiffs claimed that Maurice Rush died from lung cancer in 2010, as a result of his exposure to asbestos combined with his prior smoking history.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that defendants manufactured, distributed, and sold asbestos-containing products with which the decedent worked or worked around causing the decedent to be exposed to asbestos fibers, which when combined with decedent's prior history of cigarette smoking, caused the decedent's lung cancer.

DEFENDANT'S CONTENTIONS:
Defendants contended that the decedent's 80 to 100 pack a year history of cigarette smoking was the sole cause of his lung cancer.

Damages

Plaintiffs sought $4,105 in funeral expenses and stipulated to no other costs.

Injuries

Plaintiffs claimed loss of love, comfort and society and loss of their father who died at age 77.

Result

Defense verdict. Defendants' Motion for Nonsuit with regard to the survival action (plaintiffs not entitled to compensatory damages) was granted after plaintiffs rested their case and therefore, Rick Rush, as the successor-in-interest, was not entitled to punitive damages.

Other Information

FILING DATE: March 6, 2011.

Deliberation

two hours

Poll

10-2

Length

17 days