A trial judge properly set aside an $11 million jury verdict for the estate of an auto mechanic who worked with asbestos-laden brake pads and died of mesothelioma but left unproven allegations he was exposed to enough of the toxin to cause his illness, a divided appeals court ruled.
A 3-1 panel of the Appellate Division, First Department, affirmed Manhattan Supreme Court Justice Barbara Jaffe’s 2015 decision in Matter of New York City Asbestos Litig, 190315/12, to vacate the verdict against Ford Motor Co., a ruling that some in the asbestos defense bar viewed as a blow to the so-called “single fiber” approach to disease causation that has been rejected in other jurisdictions.
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