Crane V. Hardick

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Crane v. Hardick – rethinking Remedies Available under General Maritime Law Case Brief by Kathryn Carroll In John Crane Inc. v. Hardick 732 S.E.2d1 (Sept. 14, 2012), A Navy sailor contracted mesothelioma as the result of working with and around gaskets containing asbestos while doing maintenance work onboard ships in the late 1950s through the mid-1970s. He brought suit against several companies including John Crane Inc., an Illinois corporation that makes and supplied the complained-of gaskets to the U.S. Navy. Some of the work was allegedly done dockside in Virginian waters, and Hardick brought suit in Virginia state court. His is s one of many suits brought by veterans who had contracted the asbestos-related cancer; the Navy used asbestos extensively in the past as insulation. Hardick died in 2009 before trial and his wife and estate took up his claim. After several amendments, the complaint included the revived personal injury claim and a wrongful death claim. Te damages sought included Mr. Hardick’s pain and suffering, and Mrs. Hardick’s loss of society. At trial, the only remaining defendant was Crane. The jury awarded the wife and estate $6 million in damages. $3 million of the award was for non-pecuniary damages. The case was appealed and the Virginia Supreme Court reduced the verdict by half, to reflect only the pecuniary damages in 2010. At that time, the court decided that non-pecuniary damages were not permitted under general maritime law. Mrs. Hardick and the estate petitioned the court to rehear the case, which the court did in September of 2012. In rehearing, the court decided to affirm in part and reverse in part its prior decision. It vacated the award for Mrs. Hardick’s loss of society, but reinstated the award for Mr. Hardick’s pre-death pain and suffering. The change in disposition resulted from a close look at Miles v. Apex Marine Corp.,
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