Examples of Reduced Recovery in Asbestos Lawsuits Awards

Trial Court Can Reduce Amount of Awards in Asbestos Lawsuits

In its brief, the defendant cited a number of mesothelioma plaintiffs whose judge-reduced awards ranged from $600,000 in the Matter of New York City Asbestos Litigation, 173 Misc 2d 121, 660 NYS2d 803 (Supreme Ct NY Cty 1997) to $5.2 million in Falloon v Westinghouse Electric Corporation, Index No. 108931/95 (Sup Ct NY Cty 1995).

However, the size of the verdict in the Matter of New York City Asbestos Litigation was reduced not because it was excessive, but because the defendant was only 50% liable. So the amount of damages was actually $1.2 million.

In Falloon, the damages award was reduced from $14.6 million to $5.2 million. In none of the cases cited by defendant in which the trial Court reduced the amount of the award was there either a finding of recklessness or was a finding of recklessness upheld.