Court Affirms Directed Verdict on Punitive Damages

RALEIGH, N.C. -- A Court of Appeals has affirmed a trial court's directed verdict on punitive damages in an asbestos lawsuit, finding that the evidence presented at trial was not sufficient enough to conclude that the defendants participated in, or condoned, willful conduct. Schenk v. HNA Holdings Inc., et al., No. COA03-1094, COA03-1095 (N.C. Ct. App.).

In a Nov. 16 opinion, the North Carolina Court of Appeals ruled that the defendants' destruction of a company memo, as well as the defendant's asbestos-removal methods, do not convincingly indicate that the defendants intended to harm the plaintiffs with their conduct.

The consolidated …