IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION
AMELIA MALTESE , APPELLANT, v. WESTINGHOUSE ELEC. CORP., RESPONDENT.
SAVINO STALLONE, ET AL., APPELLANTS, v. WESTINGHOUSE ELEC. CORP., RESPONDENT
89 N.Y.2d 955, 678 N.E.2d 467, 655 N.Y.S.2d 855 (1997).
February 11, 1997
1 No. 16 (1997 NY Int. 12)
Decided February 11, 1997
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Christopher M. Placitella, for Appellants.
David Boies, for Respondent.
MEMORANDUM:
The order of the Appellate Division insofar as appealed from should be
affirmed, with costs.
Mario Maltese and Savino Stallone were mechanics at Consolidated
Edison Company's New York City powerhouses. Maltese worked at Con
Edison's Hudson Avenue and Astoria powerhouses from 1951 through 1985.
Stallone worked at the Hudson Avenue facility from 1946 until 1981.
Both men contracted mesothelioma, a rare form of cancer, as a result
of their exposure to, among other things, the dust generated by
maintenance and repair of asbestos-insulated turbines that defendant
Westinghouse Corporation had sold to Con Edison.
Plaintiff-appellants (Maltese's estate, Stallone and his wife) brought
suit in Supreme Court seeking damages for their injuries from multiple
defendants, including Westinghouse. The case was consolidated with
several others, the jury finding Westinghouse 20% liable for
plaintiffs' injuries. The jury further found that Westinghouse
demonstrated reckless disregard for the safety of Maltese and
Stallone--making the corporation jointly liable for plaintiffs'
noneconomic damages (see, CPLR 1602(7))--and that an award of punitive
damages against Westinghouse was appropriate. On Westinghouse's
post-trial motion, the trial court set aside those portions of the
verdict finding reckless disregard for the workers' safety and
assessing punitive damages. Judgment was thereafter entered, and the
Appellate Division affirmed.
SNIPPETS:
CORP., RESPONDENT.
SAVINO STALLONE, ET AL., APPELLANTS, v. WESTINGHOUSE ELEC.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division insofar as appealed from should be affirmed, with costs.
Mario Maltese and Savino Stallone were mechanics at Consolidated Edison Company's New York
Maltese worked at Con Edison's Hudson Avenue and Astoria powerhouses from 1951 through 1985.
Both men contracted mesothelioma, a rare form of cancer, as a result of their exposure to,
Plaintiff-appellants brought suit in Supreme Court seeking damages for their injuries from
The jury further found that Westinghouse demonstrated reckless disregard for the safety of
the trial court set aside those portions of the verdict finding reckless disregard for the
We agree with the trial court and Appellate Division as to the finding of reckless disregard,
We adopted a gross negligence standard, requiring that "'the actor has intentionally done an
At most, the evidence reveals Westinghouse's general awareness that exposure to high
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley concur.
|
