HPTY Prevails on Summary Adjudication of Punitive Damage Claim in Los Angeles Mesothelioma Case

January 31, 2013

Barry Schirm and Sarah Christopher Foley prevailed on a summary adjudication of a punitive damage claim in Los Angeles County on behalf of their client, a regional manufacturer of a joint compound which contained asbestos in the past.

Plaintiffs were the heirs and the estate of the 68 year old decedent who suffered from pleural mesothelioma.  Plaintiffs alleged the decedent was exposed to asbestos from several joint compound products during construction-related activities in Southern California from the mid 1960’s to the mid 1970’s. Plaintiffs further claimed that HPTY’s client knew of the dangers of asbestos during the time the decedent worked with the client’s joint compound product and, based on a variety of internal corporate records, acted with conscious disregard by failing to take appropriate to eliminate the known danger. The Court rejected this argument, ruling there was insufficient evidence to create a triable issue of fact on the claim for punitive damages. 

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