A Manhattan Supreme Court Justice recently issued a post-trial decision involving an asbestos consolidated trial where a jury ruled that five mesothelioma plaintiffs were entitled to $190 million in damages. In this ruling, the court reduced the damages to just under $30 million—a decrease of more than 80 percent. The ruling cited the recent Konstantin and Dummitt cases, in which the First Department reduced asbestos damages awards in a consolidated trial.
Joseph J. Welter, Co-Chair of Goldberg Segalla’s Toxic Torts Practice Group, told the New York Law Journal this ruling is “certainly a step in the right direction, bringing the numbers closer to what the First Department said were the upper end of reasonable compensation.”
Noting that the appellate rulings in Konstantin and Dummitt’s case are on appeal before the New York Court of Appeals, Joe added, “Right now, we’re in flux and one battle is what the upper end” of mesothelioma awards will be in the New York City region.