N.Y. Court Refuses to Vacate $5 Million Pain and Suffering Award in Asbestos Case

NEW YORK — A New York appellate court has upheld a jury award of $5 million for past pain and suffering issued against Burnham LLC in an asbestos exposure case, ruling that it was appropriate in light of the decedent’s “unique characteristics and the extent of his suffering.”

However, in the June 25 ruling, the New York Supreme Court, Appellate Division 1st Department, vacated a $2 million award for future pain and suffering, finding it “deviated materially from what would be reasonable compensation,” given the jury’s finding that the decedent would live only for one more month.

The appellate …