Category Archives: Punitive Damages

Punitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma U.S. District Court for the Middle District of North Carolina, April 4, 2016

The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach of implied warranty, fraud, and failure to warn claims, and punitive damages claims. The court denied summary judgment as to the breach of implied warranty and products liability claims, but…

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California Appellate Court Reverses $32.5 Million Punitive Damage Award Against BorgWarner, Among Other Rulings Court of Appeal of California, July 15, 2015

  In this wrongful death lawsuit, the decedent was allegedly exposed to asbestos from BorgWarner clutches while working as a security guard at a General Motors assembly plant. The case went to trial and the jury awarded various economic and noneconomic damages to the family of the decedent. During the punitive damages phase of the trial, the plaintiff’s expert testified as to the financial condition of BorgWarner over objections that he improperly considered the financial condition of other separate corporate entities. The jury unanimously awarded punitive…

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Under Georgia Law, Appellate Court Rejects Defendant’s Daubert Challenge to Dr. Abraham and Allows Punitive Damage Claim Court of Appeals of Georgia, March 30, 2015

In this case, the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working as an independent sheet metal contractor at Scapa’s facility. It was alleged that Scapa used asbestos fibers in its manufacturing process and there was asbestos insulation on pipes and boilers. The plaintiffs also sued Union Carbide Corp., claiming that it supplied asbestos to non-party Georgia Pacific, which made joint compound that Roy used on…

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