Court Reverses Ruling on Plaintiffs' Smoking Histories in Asbestosis, Cancer Cases



DOCUMENTS
  • Opinion


CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals has reversed part of a $3.5 million verdict in a consolidated asbestos case after determining that the trial court erred when it precluded evidence of two of the plaintiffs' smoking histories. Adams, et al. v. Consolidated Rail Corp., et al., No. 31271 (W.Va. Sup. Ct. App.).

The per curiam court entered the decision Dec. 4, ruling that in a claim filed under the Federal Employers' Liability Act (FELA), a plaintiff's smoking habit may be raised as contributory or comparative negligence. Accordingly, the high court ruled that the trial court erred …






UPCOMING CONFERENCES




HarrisMartin's Webinar Series: Video Game Addiction Product Liability Litigation

March 29, 2024

MORE DETAILS



HarrisMartin's MDL Conference: Video Game Addiction and the Latest Mass Tort Updates

May 29, 2024

MORE DETAILS