Last month an Appellate Court in New York City affirmed a trial court’s decision to grant additur in a mesothelioma verdict against asbestos product manufacturer Jenkins Bros. In the original trial, the jury awarded the family of Thomas McGlynn $1.8 million in past pain and suffering. Mr. McGlynn died from mesothelioma caused by asbestos exposure before trial.

After the trial, Judge Martin Shulman granted a motion for additur, increasing both the awards for past and future pain and suffering, marking the first time in New York City Asbestos Litigation (NYCAL) history that a jury’s award was judicially increased.

Recently, New York’s First Department Appellate Division unanimously upheld Judge Martin Shulman’s post-trial decision to increase the award for past pain and suffering, raising the total value of the Plaintiff’s verdict to $6.8 million (increasing the past pain and suffering award to $4 million).

Additionally, the Court also affirmed the decision that Defendants cannot elicit testimony from Plaintiff’s expert witnesses to prove their specific causation burden. They will in fact now be forced to actually meet their burden of proof and potentially waive their medical defenses if they attempt to point their fingers at settled Defendants at trial. The Court also affirmed the recklessness finding and established a standard that the Defendant need not be aware of merely the hazards of their products to the Plaintiff, but also to similarly situated individuals. Finally, the Court denied the argument that all settled parties must appear on the verdict sheet.

For more information about asbestos exposure or mesothelioma, contact Beasley Allen mesothelioma lawyer Sharon J. Zinns, who is in our Atlanta office, at 800-898-2034 or by email at Sharon.Zinns@beasleyallen.com.

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This story appears in the December 2018 edition of The Jere Beasley Report. For more like it or to subscribe to the Report, visit our Publications page.



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