Mesothelioma and Asbestos

Hugh Todd Nye, a former DuPont retiree from Tennessee, died of mesothelioma, a rare form of cancer caused by asbestos exposure. His widow, Evelyn Nye, had sued many dissimilar companies related to her husband’s death, but only one defendant, North Brothers, had remained at the time of trial. North Brothers had been a supplier of asbestos products to DuPont. During the two-week trial in 2008, the jury reached a verdict that was partially favorable to the Nye family, but ultimately ruled in favor of North Brothers based on instructions from the judge.

Now the Tennessee Court of Appeals has ruled unanimously that the Nye family is entitled to a retrial due to the errors in how the jury had been instructed by the trial court. The Nye family is being represented by attorneys from Chattanooga as well as Charleston, South Carolina, while North Brothers was represented by attorneys from Knoxville.

For the filled story, go to The Chattanoogan.