In a recent case concerning asbestos exposure, the Supreme Court of New York, New York County, denied a defendant’s summary judgment on punitive damages due to lack of case-specific support. This case, brought forward by plaintiff Kevin Burns, implicates numerous defendants in an asbestos-related lawsuit, including Burnham.
As evidence, Burns testified about his work history, noting that he was exposed to asbestos insulation and rope over a period of nearly two decades. His duties as a plumber involved the removal and installation of Burnham boilers from around 1958 till the early 1980s.
However, the defendant’s attempt to seek summary judgment on punitive damages failed, underscoring the importance of providing case-specific support during legal proceedings of this nature. Firms and corporations involved in similar circumstances must be heedful of this cautionary tale.
For a more detailed account of the trial proceedings and the court’s decision, visit the full case summary on JDSupra.
Legal practitioners and corporate entities may look to this case for guidance on how to handle future lawsuits that touch upon toxic exposure claims, especially those involving large groups of defendants or long chronologies of alleged exposure.