A divided California appeals court has upheld a punitive damages award for a homebuilder who claimed he contracted mesothelioma from breathing in dust that contained asbestos fibers.
A jury originally awarded $48 million, including $30 million in compensatory damages to Bobbie Izell, whose business built 200 homes in Southern California from 1964 to 1994, and Helen Izell, his wife, who sued for loss of consortium. Los Angeles County, Calif., Superior Court Judge Steven Kleifield granted asbestos supplier Union Carbide Corp.’s motion for a new trial on the compensatory damages, but both sides later stipulated to a reduced amount of $6 million, all in noneconomic damages.
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