New York Court Allows Punitive Damage Claim to Proceed Against Burnham in Asbestos Case

NEW YORK –– A New York court has ruled that Burnham is not entitled to summary judgment on a plaintiff’s punitive damages claim in an asbestos case, pointing out that the plaintiffs had proffered evidence that the defendant had never placed a warning relating to asbestos on its boilers.

In an Oct. 3 order, the New York Supreme Court for New York County found that a “reasonable juror could find that defendant Burnham’s knowledge and use of asbestos in their boilers constituted a prioritization of their corporate benefits over plaintiff’s safety.”

Plaintiffs Anthony and Joan Fleischman asserted the underlying asbestos …