An appeals court in San Francisco made the decision to uphold an $11 million award to an area couple who sued when the husband developed asbestosis after working in several Navy shipyards during the 1940s and 1950s.

According to a report in the San Francisco Chronicle, Joseph and Mary Garza, who now live in Colorado, filed the suit against Asbestos Corp. Ltd. in 2005 after Joseph Garza was diagnosed with the disease. During the trial, 77-year-old Garza testified that he has difficulty breathing and walking any distance and has lost the ability to care for his wife, who is ridden with health problems.

The article points out that Garza joined the Navy at age 17 and worked at Hunters Point in San Francisco as well as various other shipyards. Testimony showed that he was responsible for using asbestos products to repair boilers but was not issued protective gear to use while working.

“He was also exposed to asbestos insulation in later jobs, but a San Francisco jury assigned 75 percent of the responsibility for his illness to Asbestos Corp., which made the sealant used by the Navy,” the court said.

The July 2006 verdict included $1.1 million to Joseph Garza for medical costs and emotional distress, $400,000 to Mary Garza for loss of her husband’s care and attention, and $10 million in punitive damages against Asbestos Corp. The appeals court agreed with the verdict, saying that the company had behaved “reprehensibly.”

Citing testimony that Asbestos Corp. had been aware of the dangers of asbestos since the 1940s but sold it without warning labels until 1970, the three-judge panel said the company “intentionally marketed a defective product knowing that it might cause injury and death.”

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