Our Miami personal injury attorneys often review court decisions that illustrate important legal issues or new developments in the law that have a potential impact on our clients. However, sometimes we call attention to court decisions because of the disturbing nature of the outcome. This blog post serves as a cautionary tale regarding the importance of having exemplary legal representation because the analysis of a judge or court can be unanticipated, so you need a knowledgeable and experienced lawyer.
A recent decision by a Florida appellate court denied a widow loss of consortium damages despite a forty year marriage after her husband allegedly died from exposure to asbestos. John Kelley was exposed to asbestos from 1973 to 1974, which preceded his marriage to his wife Janis Kelly by two years. Mr. Kelly was subsequently diagnosed with mesothelioma, which is caused by asbestos exposure. The couple filed a product liability lawsuit against several asbestos manufacturers based on strict liability. Continue reading →