A former mechanic’s asbestos cancer award against Ammco was recently cut by the New York Supreme Court.

Over half of the $25 million award was reduced, after the presiding judge found that it was not in the same standards upheld in a similar asbestos cancer lawsuit.

Ammco manufacturers brake lathe service tools. Plaintiff Walter M. claimed he developed malignant mesothelioma, a rare form of lung cancer attacking the organ’s mucus lining, after allegedly going through daily asbestos exposure using their product.

He filed his asbestos cancer lawsuit in 2014, stating that he had used an Ammco brake grinder during the 1970s. He alleges, in working with these, he was exposed to asbestos in the workplace, which resulted in asbestos in the lungs.

The case settled in his favor. However, Judge Cynthia S. Kern had found that similar asbestos exposure awards had been between $5 to $9 million to the plaintiff, so chose to reduce the award.

Overview of Asbestos Cancer Allegations

Walter alleges deadly debris were asbestos fibers were released into the air, which resulted in asbestos-induced cancer.

But Judge Kern reiterates the fact that the $25 million Walter asked for in his award for past and future compensation “deviates materially from what would be reasonable compensation.” Unless Walter is willing to accept the now $9 million award in 30 days, a new trial will be ordered.

Ammco had tried to call for a completely new trial against Walter’s claims, stating that a jury could have reasonably held the company liable. However, Ammco also tried to dodge the verdict by stating that it had no duty to warn Walter or other consumers of asbestos exposure and dangers regarding their brake products.

In addition, Ammco stated there was no evidence proving causation between their brake products and Walter’s asbestos cancer. Judge Kern rejected each of Ammco’s arguments, as the company took no effort to warn Walter and other users of asbestos exposure regarding their older brake grinder models.

“There was a valid line of reasoning and permissible inferences which could have led a rational jury to conclude based on the evidence presented at trial that Ammco acted with reckless disregard. [B]y 1973, when plaintiff first alleged that he began using an Ammco grinder, Ammco was already conducting independent tests on their grinders to assess their safety with respect to the release of asbestos in connection with their use,” Judge Kern said.

Overall Judge Kern acknowledged that Ammco took the proper steps to try and have the verdict completely overturned, but the company failed to prove that it was viable.

Other defendants named in Walter’s asbestos exposure lawsuit include BMW of North America, but Ammco was the only company left in the case by the time it had gone to trial.

This Asbestos Cancer Lawsuit is Case No. 190087/2014, in the Supreme Court of the State of New York, County of New York.