Abram v. EPEC Oil Co.

Summary

Abram v. EPEC Oil Co., 936 So.2d 209 (4th Circuit) , LA ,   2006,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

34th Judicial District

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

wrongful death; asbestosis

Tissue :

N/A

Did Plaintiff Have Surgery? :

n/a

Treatment Length :

> 12 Months

Pre-existing Conditions :

N/A

Award change on appeal:

decreased

Damages

General Damages :

$2,500,000

Past Medicals :

$0

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$170,147

Total :

$2,670,147

Case Details

Suit Reason :

Male involved in exposure to asbestos accident sustained injury of asbestosis and died 5 years after diagnoses.

Award Reason :

Trial court awarded $2.5 million in general damages including survival and wrongful death and $170,147 in special damages. Man's wife was awarded $250,000 in loss of consortium and both children were awarded $150,000 in loss of consortium. Appellate court reversed the trial court's award of loss of consortium as the cause of accident was not available prior to 1976 and agreed with the $2.5 million in general damages.