The Pennsylvania Superior Court affirmed the vacating of a $1 million jury verdict, agreeing with the lower court’s decision to hold a new trial on the issue of whether an injured worker could recover past noneconomic damages.

After Samuel Garced was exposed to a disinfecting cleaning fog while working, which he claimed resulted in him suffering from a lung illness, a jury awarded him $500,000 in future medical expenses, and an additional $500,000 for past past, present, and future pain and suffering, embarrassment and humiliation and loss of enjoyment of life.