Alabama mesothelioma case remanded to lower court

28 Apr 2017 by under Legal, News

603px Browns ferry NPP 100x100 Alabama mesothelioma case remanded to lower courtThe U.S. Court of Appeals’ 11th Circuit is remanding a Florence, , woman’s take-home exposure case back to district court to settle a dispute over the amount of damages to be awarded, according to AL.com.

In 2015, a jury found the Tennessee Valley Authority (TVA) liable for the death of Barbara Bobo, of Florence, Alabama, who was exposed to asbestos fibers while laundering her late husband’s clothes. Her husband, James “Neal” Bobo, worked for Browns Ferry Nuclear Plant, operated by the TVA, cleaning up residue left by insulators and asbestos workers, according to the news source. The jury awarded her family $3 million.

The TVA challenged damages concerning Bobo’s medical expenses. She was billed $537,131.82, but the costs were adjusted or reduced through agreements with insurers. Chief Judge Ed Carnes of the 11th Circuit wrote in a Wednesday filing, “”To answer the question with which we began, TVA did cause Mrs. Bobo to die sooner and suffer more in the course of dying than she otherwise would have.” However, he agreed the plaintiffs are not entitled to recover expenses that were written off. He told AL.com the case is being sent back to district court with instructions to recalculate the damages and correct any other issues related to the medical expenses component of the award.

“The circumstances of this case involve historic asbestos handling work practices that have long been altered, but were common during the period,” a spokesperson for the TVA said. “We do recognize the tragic impact on the family of our former team member and will continue to work to resolve this situation fairly for all parties involved.”

 

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