Virginia: Wrongful Death – a Lawyer’s Appeal

Virginia: Wrongful Death – a Lawyer’s Appeal

On October 25, 2013 the Virginia Supreme Court let stand a $9,182,906.23 jury verdict in Circuit Court for the City of Newport News, Virginia, for a wrongful death victim of asbestos. The case is John Crane, Inc. v. Bristow, No. 120947, and was handled by Mr. Waterman’s partners.

The Virginia Supreme Court in Bristow dismissed the product liability appeal of John Crane because its “sole assignment of error is insufficient under Rule 5:17(C)(1)”. Id. at 3-4. Following Ford Motor Co. v. Boomer, 285 Va. 141, 158-159 (2013), the Virginia Supreme Court again “rejected both the ‘substantial contributing factor’ and ‘but for’ standards and clarified that the proper test for establishing causation in multiple exposure mesothelioma cases is that the exposure [to a particular defendant’s asbestos-containing product] must have been ‘a sufficient cause of the injury’,” i.e., the “sufficient to cause” standard. Id. at 2, 3.