Calif. Defendants Seek Dismissal of Negligence, Punitive Damages Claims

OAKLAND, Calif. -- Defendants involved in an upcoming California welding fume trial have filed motions seeking the dismissal of claims for both punitive damages and negligence, saying the claims fail because the plaintiffs cannot prove the defendants took part in willful misconduct. In re: Welding Products Cases, No. JCCP004368; Soto v. A.O. Smith, et al., No. RG06-272121 (Calif. Super. Ct., Alameda Cty.).

In one of the Dec. 19 motions filed in the California Superior Court for Alameda County, the defendants argue that courts have already summarily rejected claims asserted for negligent performance of a voluntary undertaking in welding cases across …