Defendant Moves to Strike Sandblaster's Punitive Damage Claim

OAKLAND, Calif. - A sand defendant in a California silica case has moved to dismiss a claim for punitive damages, arguing that the plaintiff has failed to allege any circumstances that would give rise to such an award. Bradley v. A. Tiercher & Son Inc., et al., No. RG05214038 (Calif. Super. Ct., Alameda Cty.).

In a Sept. 12 motion to strike, Oglebay Norton Industrial Sands Inc. contends that plaintiff Harold Norman Bradley's punitive damage claims characterize the company's alleged conduct so vaguely that they fail to satisfy California's rules for pleading the cause of action.

Bradley and his wife, Patricia, …