Smith v. Union Carbide Corporation f/k/a Union Carbide Plastics & Chemicals Company, Inc.
A jury awarded Elsie Smith more than three million dollars in damages after an asbestos-related wrongful death trial in 2009, but the trial judge granted the defendants’ motion for judgment notwithstanding the verdict (“JNOV”). Elsie appealed, and the Mississippi Supreme Court reversed and remanded for further proceedings. Following remand, the trial judge again entered a JNOV, and Elsie appealed that ruling. The Supreme Court reversed and remanded. The trial judge reaffirmed JNOV for the sole reason that Elsie presented insufficient evidence of Larry (her husband’s) exposure to the defendants’ asbestos products. But the Court found that Smith did present sufficient evidence to make the exposure issue a question for the jury. And because the trial judge did not address any of the other arguments that the defendants reasserted after the Court’s prior ruling, it declined to address any of the other issues raised in the briefing and in the defendants’ cross-appeals. View "Smith v. Union Carbide Corporation f/k/a Union Carbide Plastics & Chemicals Company, Inc." on Justia Law