Appellate Court Upholds McGlynn Additur Motion

NEW YORK, NY – Simmons Hanly Conroy, one of the nation’s leading mesothelioma law firms, is pleased to announce a significant victory in the case of mesothelioma victim Thomas McGlynn.

Last December, after a full trial against defendant Jenkins Bros., Judge Martin Shulman granted a motion for additur, increasing both the awards for past and future pain and suffering, marking the first time in New York City Asbestos Litigation (NYCAL) history that a jury’s award was judicially increased. Firm Shareholders Daniel P. BlouinJim KramerBrian J. Cooke and Karoline Carstens represented McGlynn and his family in Thomas McGlynn v. Jenkins Bros., No. 16-190219.

On Thursday, New York’s First Department Appellate Division unanimously upheld Judge Martin Shulman’s post-trial decision to increase the award for past pain and suffering, raising the total value of the plaintiff’s verdict to $6.8 million.

In addition, the motion also:

  • Precluded defendants from adopting our experts in proving their specific causation on third-party defendants;
  • Correctly quashed third-party subpoenas;
  • Precluded alternative exposure in Scotland;
  • Denied defendants’ common argument that settled defendants should automatically appear on the verdict sheet, and thus requiring defendants to meet their burden of proof as to each settled party; and
  • Found recklessness properly charged against Jenkins Bros.

The decision changes the landscape for the better across NYCAL by setting an important precedent for asbestos victims.

The full decision can be found here.

Read a prior release on the additur motion.