When the Anchor drops too far This article summarises a Court of Appeal verdict coming out of the 5th Circuit involving a damages award of $222 million and the defendant’s subsequent successful challenge to this substantial award. Articles Paul Brewer Published: June 19, 2024 Contact author Download article pdf Team Industrial Services Inc. v Kelli Most (Team v Most) Court of Appeals for the First District of Texas, 2024.    Introduction: This article summarises a Court of Appeal verdict coming out of the 5th Circuit involving a damages award of $222 million and the defendant’s subsequent successful challenge to this substantial award. Background: Jesse Henson was working at a coal fired power plant (owned by Westar Energy) in Kansas when a pressure relief valve failed, exposing him to a release of steam. This caused severe burns which ultimately resulted in his death.  Following this his widow, Kelli Most, brought various claims against Team Industrial Services (Team) and Westar Energy, seeking remedies for pain and suffering, disfigurement, fear, mental anguish and emotional distress. Punitive damages were also sought. The Verdict: The jury decided the facts of the case and negligence was found 90% against Team and 10% against Westar Energy and an award of US$222 million was made.  Following this Team asked the Court of Appeal to review the factual sufficiency of the evidence supporting the jury’s non-compensatory damages award. Team argued that the trial court erred in awarding the plaintiff the judgement that it did because the sum was excessive and based upon improper arguments encouraging the jury to punish Team, as opposed to basing their judgement on more tangible evidence. Reasons for the Appeal: An excessive damages complaint is a challenge to the factual sufficiency of the evidence supporting a damages award and the excessiveness of compensatory damages (both economic and noneconomic) can only be reviewed for excessiveness in the Court