Mesothelioma victims are eligible to file lawsuits seeking both economic damages for their actual monetary losses and punitive damages that punish asbestos companies for their reckless disregard for human wellbeing. In a recent case, a New York judge ordered an asbestos company to comply with a victim’s request for testimony after the company repeatedly attempted to evade being questioned.
New York Special Master Ordered Punitive Damages Deposition in Mesothelioma Case
The lawsuit was filed by mesothelioma victim Ernest Masetro against multiple asbestos companies. Mr. Masetro had worked as a mechanic serviceman servicing and maintaining boilers for three decades, and among the companies he named was boiler manufacturer Burnham Corporation.
When the mesothelioma victim’s legal team asked Burnham representatives standard questions as part of their process of assessing the company’s potential liability for punitive damages, they found the company’s responses inadequate. The Special Master hearing the case agreed and directed the company to appear for deposition. The company filed an appeal of that decision on procedural grounds.
Asbestos Company Named in Mesothelioma Claim Appeals Special Master’s Decision
Attempting to avoid being held responsible for punitive damages in the mesothelioma claim, Burnham appealed the Special Master’s decision. They argued that under New York law, discovery on punitive damages should not be conducted until after a court has determined that the defendant is liable for the plaintiff’s injuries. The Supreme Court of New York found that the asbestos company was misinterpreting the law.
In its review of the case, the court noted that New York had created special allowances for mesothelioma victims in recognition of the “exceptional needs of asbestos cases and litigants.” As a result, the procedural rules used in other cases do not apply and the punitive damages deposition was correctly ordered by the Special Master. The company must appear for questioning.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you work with people who have a deep understanding of the law. For information on how the Patient Advocates at Mesothelioma.net can help you, contact us today at 1-800-692-8608.
