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Case Notes
Excessive Damages May Be Reduced
A jury award for damages that is unsupported by the evidence produced at trial may be reversed as excessive. Smalls v. Pittsburgh-Corning Corp. et al, Superior Court of Pennsylvania, No. 1828 EDA 2002, No. 1829, Feb. 13, 2004.
Oscar Smalls was employed by the Philadelphia Housing Authority from 1954 to 1984. During the course of his employment, Smalls worked with asbestos-containing materials that produced dust when he handled them. During this time, Smalls was also a smoker and had smoked for approximately 20 years. When he voluntarily retired in 1984, he did not claim any health complications. In 1997, Smalls sought medical treatment for shortness of breath and was hospitalized with internal bleeding in his abdomen and colon. Smalls did not seek further medical treatment until 1999, after he was contacted by an attorney who represented a deceased coworker. Thereafter, Smalls and his wife commenced an action seeking damages for asbestos-related disease.
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