One of the cruelest aspects of losing a loved one to malignant mesothelioma is the knowledge that their fatal form of cancer could have been prevented. Mesothelioma is caused by exposure to asbestos, which means that had companies warned of the dangers posed by their parts or equipment, or provided protective gear, the individual might still be alive. Many victims’ families seek punitive damages meant to punish companies for their inactions. In a recent case, a New York judge denied a company’s attempt to have this type of claim against them dismissed.
Widow Blames Asbestos in Boilers for Husband’s Mesothelioma
The case was filed by Roberta Gartner, whose husband James Scheriff died of malignant mesothelioma less than a year after being diagnosed with the illness. In her lawsuit, Ms. Gartner named numerous companies, including Burnham LLC, whose boilers he installed, removed, and maintained during the years he worked as a plumber.
Before his death, the mesothelioma victim testified about visible dust that came from the jacket wrapped around the Burnham boilers, and in her claim his widow points to Burnham’s failure to place a warning about asbestos on their boilers, despite knowing about its dangers.
Punitive Damages Sought in Mesothelioma Claim
Because of Burnham’s failure to warn of the dangers posed by their equipment, the widow is seeking punitive damages in addition to compensatory damages for her husband’s mesothelioma death. Burnham filed a motion to dismiss the claim for punitive damages, arguing that there was insufficient asbestos exposure from their product to have caused his illness, and that the evidence against them does not rise to the level required to impose punitive damages.
In his review of the case, Justice Adam Silvera of the Supreme Court of New York County noted that the New York Court of Appeals has adopted a gross negligence standard regarding punitive damages in toxic tort cases like those relating to mesothelioma. That standard says that punitive damages are warranted when “the actor has intentionally done an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow and has done so with conscious indifference to the outcome.”
Judge Allows Punitive Damages Claim to Move Forward in Mesothelioma Case
He further quoted from another case that “the purpose of punitive damages is not to compensate the plaintiff but to punish the defendant for wanton and reckless, malicious acts and thereby to discourage the defendant and other people, companies from acting in a similar way in the future.” Because Burnham’s own corporate representative confirmed that the company had never put a warning on any of its boilers, even after learning of the dangers of asbestos, the judge ruled that punitive damages could be sought within the mesothelioma claim.
If you or someone you love has been diagnosed with malignant mesothelioma, there are many ways to seek justice. For information, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
