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Friday, March 22, 2013

California: Million Dollar Verdict Reinstated in Asbestos Case

Court rules granting a Motion Not Withstanding the Verdict was premature in mesothelioma / asbestos exposure case.

"The trial court erred, both procedurally and substantively, by granting judgment notwithstanding the jury’s verdict.  The judgment must be reversed, automatically reinstating the original judgment entered on the jury’s verdict.  

"Because the judgment must be reinstated in the Webbs’ favor, we do not consider their appeal from the jury’s verdict denying their consumer-expectation products-liability claim, which they made expressly contingent on this court’s failure to “otherwise reverse and order judgment” on the failure-to-warn or general negligence claims.

Webb v Special Electric Company Inc.

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