A court in Washington state sided with the family of a deceased cancer victim in a wrongful death lawsuit against an asbestos mining company.
According to a press release from BusinessWire, the family of Steve Kotzerke was awarded more than $16 million in damages from the Canada-based company Asbestos Corp. Ltd. The victim died of asbestos lung cancer in 2022 at age 67. He was a father of two daughters.
Asbestos and Cancer
Asbestos is a dangerous mineral that can cause cancer for people who inhale tiny particles. The particles travel into the chest cavity, where they can irritate tissue on the lungs. This irritation can lead to lung cancer. Asbestos can also cause mesothelioma, which is a rare and aggressive cancer that forms in the lining of the lungs.
Many companies used asbestos in manufacturing. The mineral can resist heat, which made it valuable during the industrial boom of the 20th century. Today, old asbestos can be found in the walls, floor tiles, ceiling tiles and some appliances of homes, offices and government buildings.
More About the Lawsuit
The court awarded approximately $1.7 million in economic damages and $5 million for pain, suffering, fear and humiliation to the estate of the victim. An additional $7.5 million was awarded to Jolene Kotzerke for loss of consortium (“loss of intangible benefits due to the death of a loved one”) and $1 million to each of their two daughters. This totals approximately $16.2 million.
The case is intriguing due to the reported actions of the defending company, Asbestos Corp. According to the press release about the verdict, the court entered a default judgment against the company due to “refusal to participate in discovery.” Discovery in a lawsuit is the formal process where parties exchange information and evidence relevant to the case before the trial. The aim is to prevent surprises and ensure a fair trial.
As a result of the default judgement, Asbestos Corp. remains in contempt of court. The company allegedly was an importer of asbestos to the U.S. for decades. The lawyer for the victim’s family claims the company is trying to avoid participating in discovery based on a Canadian law.
If you have lung cancer or mesothelioma and were exposed to asbestos, contact Mesothelioma Guide’s team for legal assistance. Email Carl Jewett at cjewett@mesotheliomaguide.com.
Sources & Author
- $16 Million Awarded in Asbestos-Related Death in Washington State. BusinessWire. Retrieved from: https://finance.yahoo.com/news/16-million-awarded-asbestos-related-154100461.html. Accessed: 03/21/2025.
Sources & Author
