Del. Supreme Court Remands Asbestos Case for Determination on Whether $40 Million Award Was Excessive

WILMINGTON, Del. –– The Delaware Supreme Court has remanded an asbestos case, finding that the trial court that rejected Ford Motor’s post-trial motions in a more than $40 million verdict erred when it assessed whether Ford’s reduced share of the damages was excessive.

Instead, the Delaware Supreme Court stated in its Dec. 2 opinion, the trial court should have examined whether the entire compensatory damage award was excessive. In the same opinion, the state high court rejected Ford Motor’s challenges to the Superior Court’s findings that the plaintiff’s had presented sufficient evidence to support the underlying claims and that the …