Calif. Appellate Court Reverses $32.5 Million Punitive Damage Award in Asbestos Case Against BorgWarner Morse TEC

LOS ANGELES –– A California appellate court has reversed an award of more than $32 million in punitive damages in an asbestos case against Borg Warner Morse TEC Inc., finding that the record was devoid of evidence of the defendant’s financial condition and ability to pay punitive damages.

In the July 15 opinion, the California Second District Court of Appeal addressed a number of other appellate issues, affirming the award of noneconomic damages, an order granting nonsuit on the decedent’s grandson’s claim, and the jury’s allocation of liability.

The plaintiffs asserted the claims on behalf of Secundino Medina, contending that …