Facts

Rose-Marie Grigg filed an asbestos lawsuit against Owens-Illinois Inc. Owens-Illinois manufactured thermal pipe insulation in the 1950s. Grigg was exposed to asbestos in the insulation when she cleaned the clothes of her husband, who installed the products. Grigg was later diagnosed with terminal mesothelioma.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that executives at Owens-Illinois deliberately neglected to tell customers and employees of their possible exposure to asbestos.

DEFENDANT'S CONTENTIONS:
According to Defendant, Owens-Illinois last sold asbestos-containing insulation products in 1958. The first medical or scientific report of any household member of an occupationally exposed worker getting any asbestos related illness of any kind was not until 1965, 7 years after Owens-Illinois sold its insulation business. Defendant contended that under these circumstances, it did not have a legal duty to warn about the risks of asbestos-caused illnesses among household members, that it did not conceal any information from her, that it could not have warned about a risk of disease that was unknown and unknowable at the time it made and sold its asbestos insulation product, and that no reasonable consumer could expect more than science had determined. Defendant also argued that there was a complete absence of any medical or scientific reports of any sort of asbestos-related illness among household contacts in the 1950s. Owens-Illinois also contended that punitive damages were not appropriate in this case in light of the unknown and unknowable risk of illness, that there should not have been a finding of malice, oppression or fraud, and the amount of punitive damages is excessive and exceeds the constitutional bounds.

Result

The jury awarded Grigg $16 million for their pain, loss of life, and medical expenses. The jury also ordered Owens-Illinois to pay another $11 million in punitive damages. The company will appeal.