Was the Asbestos Jury Award too High in this Case?

Award by Jury in Asbestos Case “Does Not Shock this Court's Conscience”

The defendant's second major point is that the amount of the award is so excessive as to shock the conscience.

In this era of large economic transactions and income to those toiling in the fields of finance, professional sports and entertainment, where large amounts of money being transacted dwarf the award here, the amount awarded plaintiff does not shock this Court's conscience.

Nevertheless, it is necessary to determine whether the money judgment is so excessive as to deviate materially from what would be reasonable compensation (Wendel Supermarkets General Corp., 189 AD2d 1063, 592 NYS2d 895 [3rd Dept 1993]).

This entails a comparison of plaintiff's injuries with the injuries of others in similar circumstances. id at 189 AD2d 1065.