Rubert, a 72 year old man from Wight County Virginia, has been awarded a $25 million verdict against Exxon Mobile. For 21 years Rubert worked in a shipyard, including 11 years at Newport News Shipbuilding between 1966 and 1977. In those 21 years, Rubert helped to repair 17 different Exxon commercial oil tankers.While working in the shipyards Rubert was exposed to billions of asbestos fibers in the air. This exposure is responsible for the mesothelioma he suffers from and will die from; Rubert’s life expectancy was a mere two years. Rubert underwent a major lung surgery that will help treat his cancer. This procedure increased his life expectancy to between three and five years.

Following one day of deliberations, the jury awarded Rubert $430,961 for medical expenses, $12 million in compensatory damages, $12.5 million in punitive damages, and interest on these amounts. The total verdict was around $25 million. Unfortunately, due to a legal ceiling on punitive damages, that portion of the verdict will be reduced from $12.5 million to $5 million. This reduces the actual amount Rubert is able to claim to $17.5 million.

It is expected that Exxon will appeal the verdict, which will likely last for two years. Plaintiffs argued that Exxon had known about the danger presented by asbestos exposure and established rules in the 1930s to protect their refinery workers. Despite this fact, Exxon neglected to take any steps to warn the shipyard workers that worked on their commercial tankers. Exxon maintains that they were not responsible for the asbestos exposure suffered at the Newport News shipyard. Instead, they contend that it was the Newport News shipyard that was responsible for ensuring the shipyard worker’s safety. Exxon spokesman Ray Botto insists that Exxon “relied on Newport News (shipyard) and its personnel to ensure repair activities were safely carried out.”

Historically, most asbestos related lawsuits are brought against the manufacturers of asbestos-laden ship parts. These parts include pumps, seals, insulation, and gaskets. For decades these parts have been used heavily in ships.

Nevertheless, the jury felt strongly about their verdict and awarded two and a half times what the Plaintiffs asked for in punitive damages.