A New York judge recently denied a boiler company the ability to evade justice in claims filed by two different mesothelioma victims. Both men blamed Burnham LLC for having recklessly exposed them to asbestos, and both sought punitive damages in their claims. Though the company attempted to have the punitive damages portion of the suits dismissed, Justice Adam Silvera denied their motions.
Company Points to Lack of Workers’ Compensation Claims to Evade Mesothelioma Punitive Damages
Burnham LLC filed a petition for partial summary judgment in cases filed by the families of mesothelioma victims Joseph M. DeRoy and Anthony Giuliano. They argue that they should not be vulnerable to punitive damages claims by either man because there had never been workers’ compensation claims filed against them by any of their employees. They further argued that asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits.
Most malignant mesothelioma victims’ illnesses come from workplace exposure, but they avoid naming their employers because doing so would limit their compensation to workers’ compensation, which traditionally offers small amounts. Instead, they name the manufacturers, sellers, and distributors of the equipment or products that they worked with and seek compensation from them.
Judge Rejects Boiler Company’s Arguments in Mesothelioma Cases
Upon reviewing the boiler company’s arguments in the mesothelioma claims, Justice Silvera noted several important points. Concerning their assertion about TLV/OSHA standards, he said that it had “little bearing on the plaintiff’s unequivocal and consistent testimony” regarding his exposure to asbestos from work involving Burnham boilers.” As for the lack of compensation claims from Burnham’s employees, he called the argument “wholly irrelevant” to questions of whether the company’s actions warranted punitive damages.
In dismissing the two motions for partial summary judgment in the mesothelioma cases, Justice Silvera wrote, “As a reasonable juror could find that defendant Burnham’s knowledge and use of asbestos in their boilers constituted a prioritization of their corporate benefits over plaintiff’s safety, issues of fact exist to preclude summary judgment on punitive damages.” The case will move on to a jury.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide you with the information and resources you need. Contact us today at 1-800-692-8608.
