Anthony Fleischman was diagnosed with malignant pleural mesothelioma after years of working with Burnham boilers and other asbestos-containing equipment. When he and his wife filed suit against the companies they blame for his exposure, they included a request for punitive damages from boiler manufacturer Burnham, LLC. The company filed a petition to have that claim dismissed, but the judge hearing the case denied the request.
Mesothelioma Victim Seeks Punitive Damages from Asbestos Company
When a mesothelioma victim files a personal injury lawsuit, they can seek compensation for their medical expenses and their pain and suffering, and their spouse can seek compensation for the loss of their companionship and support. They can also seek punitive damages, which go beyond paying for their economic losses. Punitive damages often send a message about the defendant’s reckless disregard for the victim’s wellbeing.
Burnham LLC filed a motion asking the Supreme Court of New York County to dismiss the mesothelioma victim’s punitive damages claim against them. The company argued that his asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits and pointed to the lack of workers’ compensation claims filed against them for asbestos-related disease. The victim countered with evidence that the company had failed to warn of the hazards of asbestos in their equipment and that previous asbestos litigation had shown that it had never done so, despite knowing of the risks it posed.
Judge Rules Against Asbestos Company in Mesothelioma Claim
In reviewing the standards required for a punitive damages claim to be dismissed and the evidence provided by both the asbestos company and the mesothelioma victim, Justice Suzanne Adams said that the company had failed to demonstrate that punitive damages were not warranted. She also noted that a reasonable juror could find that the company’s knowledge about and use of asbestos in their boilers represented a prioritization of their corporate benefits over Mr. Fleischman’s safety. Therefore, the question of whether punitive damages would be appropriate must be answered by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
