Court Finds Garlock Not Prejudiced by Co-Defendant's High-Low Agreement

ROCHESTER, N.Y. -- A New York appellate court has affirmed an asbestos verdict, finding that the failure to disclose a high-low agreement did not prejudice Garlock, who was not privy to the agreement. Reynolds, et al. v. Amchem Products, et al., No. CA 05-02701 (N.Y. Sup. Ct., App. Div., 4th Jud. Dept.).

In the Sept. 29 decision, the Fourth Judicial Department of the Appellate Division said that Niagara Insulation's entrance into the 'narrow' high-low agreement 'retained the incentive to minimize its own culpability and to magnify the culpability of Garlock and decedent, and thus Garlock 'has failed to show how …