Respiratory Manufacturer Prevails on Summary Adjudication for Punitive Damages in Los Angeles
December 2, 2022 (Los Angeles, CA) – Hawkins Parnell & Young successfully argued a motion for summary adjudication for a manufacturer of respiratory protection equipment. The plaintiffs alleged that the respiratory manufacturer was aware of a manufacturing defect causing leakage and failed to warn users of the defects. Hawkins Parnell uncovered evidence to the contrary showing application-specific warnings issued by the company during time periods relevant to the underlying lawsuit and compliance with OSHA and EPA mandates. Hawkins Parnell moved for summary adjudication of the plaintiffs' claim for punitive damages.
The court considered the motion and allowed for extensive supplemental briefing on the issue. The court ruled that after the burden-shifting discovery, the plaintiffs failed to provide evidence sufficient to show malice, fraud, oppression, or corporate disregard for users and granted Hawkins Parnell's summary adjudication.
Mike Giaquinto and Peter York drafted the motion argued by Ed Ulloa.