Romano v. Metropolitan Life Insurance Co.
221 So. 3d 176
La. Ct. App.
2017

Background

  • Frank Romano, Sr. worked at Union Carbide’s Taft facility (1967–68), mainly in the stores department, where he had heavy occupational asbestos exposure for 5–6 months of his 9–10 month employment.
  • Romano developed malignant mesothelioma, underwent multiple invasive surgeries and treatments (including pleurectomy, PleurX catheter, “hot” intrathoracic chemotherapy, repeated chemotherapy) and accrued over $566,274 in past medical bills; prognosis was poor with low 5‑year survival probability.
  • Romano and his wife sued Union Carbide and multiple other defendants in 2014; trial occurred March 2016 and resulted in a plaintiff verdict awarding stipulated past medical expenses plus $500,000 in general damages (split $250,000 for pain/suffering and $250,000 for loss of enjoyment of life).
  • Plaintiffs moved for partial JNOV or new trial on damages (arguing award was grossly low); Union Carbide sought reduction of its liability under solidary liability principles because Johns‑Manville was asserted to be a settling party and also attacked medical causation evidence.
  • Trial court denied motions for reduction and denied plaintiffs’ damages JNOV; appeals followed. The Fourth Circuit affirmed liability/causation but found the general damages award abusively low and increased it.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Union Carbide was entitled to a virile‑share credit for Johns‑Manville’s fault Romano: no credit because plaintiffs never settled with Johns‑Manville Union Carbide: reduce its share by one‑half because Johns‑Manville is a settled party/treated as such Held: No credit; plaintiffs never settled with Johns‑Manville, so reduction denied
Admissibility and sufficiency of plaintiffs’ medical causation evidence Romano: Dr. Maddox and industrial hygienist showed exposures above background that were substantial factors in causing mesothelioma Union Carbide: plaintiffs’ causation testimony rested on unsupported hypotheticals and was legally insufficient Held: Admissible and sufficient; jury’s causation finding not manifestly erroneous
Whether the jury abused its discretion in awarding $500,000 in general damages Romano: award is grossly inadequate given invasive treatments, ongoing pain, likely fatal recurrence and comparable cases Union Carbide: (implicit) damages within jury discretion Held: Abuse of discretion; appellate court increases general damages to $1,500,000
Whether trial court erred by denying plaintiffs’ motion for partial JNOV or new trial on damages Romano: reasonable minds could not accept so low an award; JNOV/new trial warranted Union Carbide: factual disputes appropriate for jury Held: Trial court erred; JNOV/new trial denial reversed as to damages and appellate court raises damages

Key Cases Cited

  • Abadie v. Metropolitan Life Ins. Co., 784 So.2d 46 (La. App. 5 Cir. 2001) (discusses treatment of settling parties in asbestos trust context)
  • Berlier v. A.P. Green Industries, Inc., 815 So.2d 39 (La. 2002) (explains solidary liability principles)
  • Daniels v. Conn, 382 So.2d 945 (La. 1980) (contribution and virile share doctrine)
  • Wall v. American Employers Ins. Co., 386 So.2d 79 (La. 1980) (effect of plaintiff settlements on remaining solidary obligors)
  • Rosell v. ESCO, 549 So.2d 840 (La. 1989) (manifest error standard for appellate review of factual findings)
  • Cay v. State, DOTD, 631 So.2d 393 (La. 1994) (factual nature of causation determinations)
  • Oddo v. Asbestos Corp., Ltd., 173 So.3d 1192 (La. App. 4 Cir. 2015) (substantial‑factor standard in asbestos cases)
  • Feingerts v. State Farm Mut. Auto. Ins. Co., 117 So.3d 1294 (La. App. 4 Cir. 2013) (requirements for a valid written compromise/settlement)
  • Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (appellate review framework for general damages)
  • Theriot v. Allstate Ins. Co., 625 So.2d 1337 (La. 1993) (standard for disturbing general damages awards)
  • Torrejon v. Mobil Oil Co., 876 So.2d 877 (La. App. 4 Cir. 2004) (mesothelioma damages precedent cited for comparison)
  • Faulkner v. McCarty, 853 So.2d 24 (La. App. 4 Cir. 2003) (mesothelioma wrongful death/survival damages precedent)
  • Zimko v. American Cyanamid, 905 So.2d 465 (La. App. 4 Cir. 2005) (survival damages award for mesothelioma upheld)
  • Chaisson v. Avondale Indus., Inc., 947 So.2d 171 (La. App. 4 Cir. 2006) (mesothelioma survival damages affirmed)
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