Consorti v. Armstrong World Industries, Inc.

72 F.3d 1003 (2nd Cir. 1995)

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Nature of the Case

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Facts

From 1960 to 1991, P was exposed to asbestos products, including D's product. P began to suffer back problems in August 1991. In February 1992, he was diagnosed with pleural mesothelioma. He died after trial, at the age of 51, in November 1993. P initiated an asbestos personal injury action in August 1992 against numerous defendants. He was one of thousands of such suits. Because of his rapidly advancing illness, his case was deemed an emergency 'hardship' and was remanded to the Southern District of New York for expedited trial. It was consolidated with three other cases of mesothelioma due to asbestos exposure. D was a defendant only in P's action. In summation, P's counsel suggested awards of $8 million for P's past pain and suffering, plus $4 million for his future suffering. The jury returned a verdict that awarded exactly those amounts. The jury found John's remaining life expectancy to be nine months. D was found 7% responsible for P's injuries. D moved for judgment as a matter of law, a new trial, or a remittitur, all of which were denied. D appealed. D claims that the award as excessive and should be set aside.