Category: Punitive Damages

Case Decisions / Expert Challenges / Ohio / Punitive Damages
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Court Denies Honeywell’s Appeal on Expert and Causation Challenges and Reverses Directed Verdict on Punitive Damages in Plaintiff’s Favor

The defendant, Honeywell International appealed the judgment entered upon a jury verdict that found Honeywell was five percent responsible for the injuries of the decedent Kathleen Schwartz, who died from peritoneal mesothelioma. The amount of the judgment against Honeywell was $1,011,639.92. The plaintiffs filed a cross-appeal challenging the trial court’s decision to grant a directed verdict against them on their claim for punitive damages.

Honeywell’s appeal challenged the trial court’s denial of motions in limine and the court’s denial of a motion for directed verdict. …

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Case Decisions / Connecticut / Pleadings Challenge / Punitive Damages
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U.S. District Court of Connecticut Denies Motion to Dismiss Punitive Damages Count Based on Sufficiency of Pleading

In this case pending in the U.S. District Court for the District of Connecticut, the plaintiffs’ third count of their complaint alleges reckless conduct by the defendants and seeks punitive damages. Defendant Aurora Pump Company moved to dismiss this count, arguing that the plaintiff failed to assert specific allegations of recklessness. The court noted, however, that the plaintiff alleges that the defendants manufactured, distributed, sold or otherwise placed into the stream of commerce products which contained asbestos and that the defendants intentionally and fraudulently concealed …

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Case Decisions / North Carolina / Punitive Damages / Summary Judgment
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Punitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma

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 / Case Decisions / Punitive Damages
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California Appellate Court Reverses $32.5 Million Punitive Damage Award Against BorgWarner, Among Other Rulings

 

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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Case Decisions / Expert Challenges / Georgia / Punitive Damages
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Under Georgia Law, Appellate Court Rejects Defendant’s Daubert Challenge to Dr. Abraham and Allows Punitive Damage Claim

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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