Punitive Damages Eliminated for Engineering Contractor
April 29, 2019 (Los Angeles, CA) – Hawkins Parnell & Young obtained summary adjudication to dismiss punitive damages in a living mesothelioma case in the California Superior Court for Los Angeles. HPY’s client, Mladen Buntich Construction Company, is a contractor whose business involved the removal and replacement of cement storm drain pipes in various places in Southern California. The plaintiff alleged he developed mesothelioma from asbestos exposure while visiting Mladen Buntich’s worksites as part of his job as an insurance salesman.
After Judge David Cunningham issued a tentative ruling denying the motion, HPY showed that there was no evidence of conscious disregard of any hazards, even after the deposition of the defendant, a fact omitted from plaintiff’s motion. Plaintiff’s counsel argued that they included conscious disregard evidence in their discovery responses. However, HPY’s motion concisely stated that there was no such evidence and led the court to easily identify the facts that supported the defendant’s position. The court reversed the tentative ruling and granted the motion.