According to a recent report a new trial has been ordered in the case of the family of a man who tried to sue following this death due to malignant mesothelioma. Three judges at the Tennessee Court of Appeals decided that there had been errors in the way in which the jury had been instructed at the original trial.

The first two week trial was held in Hamilton County Circuit Court in 2008. The verdict that was returned by the jury in that trial ruled partially in favour of the family of the former DuPont retiree, High Todd Nye, but in the most part ruled in favour of North Brothers, the defendant in the case.

Nye is said to have been exposed to asbestos while working at the DuPont facility from 1948 until 1985, according to court papers. A number of defendants were originally named in the complaint but by the time it went to trial the only defendant that was left by the time it went to trial was North Brothers.

The report claimed that in the original trial the jury ruled in favour of the defendant based on instruction from the judge, and this is why the Court of Appeals has determined that a new trial is warranted in this case.

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