Family Seeks Punitive Damages After Loved One’s Death
There are few things more devastating than having a loved one diagnosed with malignant mesothelioma, but it’s even worse to learn that it could have been prevented. When Peter R. Carrier’s family found out that Burnham, LLC, whose boilers he’d worked with, had failed to offer warnings or protections despite knowing of their dangers, they took legal action. They filed suit against the company and asked that their claim include punitive damages.
Punitive Damages Requests in Mesothelioma Claims
When the plaintiffs in a mesothelioma claim request consideration of punitive damages, it’s because they believe that the defending company’s actions went beyond mere negligence. In the Carrier family’s case, they accused the company of knowing that the asbestos in their boiler parts could cause sickness and death, and of recklessly disregarding that knowledge in the interest of earning more profits.
In the face of this request, the company filed a motion to dismiss that aspect of the claim against it, arguing that tests had indicated that the asbestos particles released from the use of their parts had fallen below regulatory limits. They also noted that there had never been any workers’ compensation claims filed against them by their employees, as though that would have any bearing on a personal injury claim.
Boiler Company Fails to Meet Burden of Proof for Dismissal of Punitive Damages in Mesothelioma Case
Justice Adam Silvera of the Supreme Court of New York County assessed the arguments from both sides of the mesothelioma case and then denied Burnham’s request for dismissal of the punitive damages claim. He explained that the company’s arguments had failed to meet the burden of proof required for summary judgment, and called their assertion about Burnham’s lack of workers’ compensation claims “wholly irrelevant” to whether they had shown reckless disregard for people exposed to their parts.
The judge also noted that the company’s own representative had provided testimony in another mesothelioma case that supported the Carrier’s argument about their failure to provide warnings. In that case, the witness had admitted that “Burnham, never … put a warning regarding hazards of asbestos on any of its boilers.”
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