The asbestos insulation found in mid-20th-century boilers is frequently blamed for malignant mesothelioma, as those who worked with or near the boilers had no way to avoid breathing in the toxic fibers. Despite this, boiler manufacturers frequently try to evade liability for the harm they caused. Recently a single manufacturer filed to have two separate punitive damages claims against them dismissed, but the New York courts denied both of their petitions.
Two Separate Mesothelioma Victims Seek Punitive Damages from Boiler Company
Burnham LLC is a boiler manufacturer named in two separate mesothelioma claims. In the first, a painter pointed to his 20-year exposure to a boiler he worked on at his personal residence, as well as during his employment, when he cleaned the toxic substance from boilers and breathed in asbestos that plumbers raised during their work in his presence. The second mesothelioma claim was filed by a mechanic’s helper and carpenter, who blamed between 22 and 55 separate occasions when he’d worked in the presence of workers demolishing and installing the boilers.
Both mesothelioma victims included punitive damages in their claims against the company, and Burnham filed a motion for partial summary judgment asking for that portion of the claim against them to be dismissed. The company’s attorneys argued that their failure to warn did not rise to the standard required for punitive damages and cited testimony from an expert witness regarding exposure levels in support of their petition.
Court Allows Both Mesothelioma Victims’ Punitive Damages Claims to Stand
Though the two mesothelioma cases were entirely separate, Burnham was named in both and the court handed down the same decision for each plaintiff. They cited the gross negligence standard required by the New York Court of Appeals for punitive damages, and noted that the expert witness’ testimony did not meet that standard. The court decided that the decision would need to be made by a jury and allowed both victims’ argument that the company deserved financial punishment to move forward.
If you or someone you love has been diagnosed with malignant mesothelioma, you deserve justice. For help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
