N.C. Denies Post-Trial Motion in Asbestos Case, Allows Defense Verdict to Stand for Pneumo Abex

ASHEVILLE, N.C. –– A North Carolina federal court has allowed a defense verdict to standing in an asbestos case, denying the plaintiffs’ motion for a new trial after determining that the separation of proximate cause and intervening cause –– the alleged error identified by the plaintiffs –– was an instruction the plaintiffs sought prior to trial.

In the April 4 order, the U.S. District Court for the Western District of North Carolina opined that the “plaintiffs cannot now complain that they received precisely what they sought.”

Plaintiffs Erik Ross Phillips and Tina Landers brought the underlying action, contending that …