Court Reverses Ruling on Plaintiffs' Smoking Histories in Asbestosis, Cancer Cases

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals has reversed part of a $3.5 million verdict in a consolidated asbestos case after determining that the trial court erred when it precluded evidence of two of the plaintiffs' smoking histories. Adams, et al. v. Consolidated Rail Corp., et al., No. 31271 (W.Va. Sup. Ct. App.).

The per curiam court entered the decision Dec. 4, ruling that in a claim filed under the Federal Employers' Liability Act (FELA), a plaintiff's smoking habit may be raised as contributory or comparative negligence. Accordingly, the high court ruled that the trial court erred …