Kinseth v. Weil-McLain

The Supreme Court remanded this case alleging negligence and products liability for a new trial, holding that statements made by Plaintiff’s counsel during closing arguments were prejudicial.On appeal, the Supreme Court reviewed numerous issues that arose during litigation between the estate of Larry Kinseth, who passed away from mesothelioma, and Weil-McLain, a boiler manufacturer whose products exposed Kinseth to asbestos. The jury awarded Kinseth's Estate compensatory and punitive damages. The Supreme Court remanded the case for a new trial, holding that to the extent the Estate’s counsel made repeated, deliberate references to Weil-McLain’s expenditures in defending this suit and other asbestos actions and issued instructions to use this case to send a message about such expenditures, counsel’s rhetoric prejudiced Weil-McLain. View "Kinseth v. Weil-McLain" on Justia Law