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Punitive Damages

Punitive Damages
In the recent case, Stewart v Union Carbide Corp, the court of appeals held that a party may recover punitive damages and a claim against a supplier in an asbestos case.  In Stewart, a plumber and his wife brought an action against an asbestos supplier for negligence, strict products liability, and loss of consortium in Los Angeles Superior Court.  The court entered judgment in favor of the Plaintiffs and awarded punitive damages against the supplier.  The Defendant appealed but the 2nd District Court of Appeals held that (1) the sophisticated intermediary defense did not shield the supplier from liability; (2) the verdict required at least nine jurors to agree on an entire set of percentages allocating fault; (3) the supplier failed to show that nonparty entities were partly at fault; (4) the evidence supported finding that asbestos supplier acted with oppression, fraud, or malice; and (5) punitive damages award did not violate due process.


Last Updated Wednesday, August 16, 2017 - 05:33 PM.


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