Punitive Damage Claim Can Continue Against Burnham in Asbestos Case

NEW YORK –– An asbestos plaintiff will be permitted to pursue an asbestos claim against Burnham LLC, a New York trial court has ruled, after finding that the defendant “had failed to proffer sufficient evidence to establish entitlement to summary judgment.”

In a Jan. 9 order, the New York Supreme Court for New York County concluded that the defendant had “failed to demonstrate their prima facie burden that punitive damages are not warranted herein.”

“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, …