Court Vacates $750,000 Punitive Award Based on Microscopy Technology Testimony

ROCHESTER, N.Y. - A New York appeals court has vacated a punitive damages award in an asbestos case after determining that technology relied on at trial to determine the extent of plaintiffs' exposure was not available to the defendants decades earlier. Drabczyk v. Fisher Controls International, No. CA10-02145 (N.Y. Sup. Ct., App. Div., 4th Dept.).

In a Feb. 10 opinion, the New York Supreme Court, Appellate Division, 4th Department held that although the trial court did not abuse its discretion in charging the jury on the issue of punitive damages, the evidence presented at trial did not establish the case …