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Matter of New York City Asbestos Litig.

Citations: 678 N.E.2d 467; 89 N.Y.2d 955; 655 N.Y.S.2d 855

Court: New York Court of Appeals; February 10, 1997; New York; State Supreme Court

Narrative Opinion Summary

The Court of Appeals of New York reviewed appeals concerning a jury's verdict that held Westinghouse Electric Corp. partially liable for mesothelioma injuries sustained by two mechanics, Mario Maltese and Savino Stallone, due to asbestos exposure from turbines manufactured by Westinghouse for Consolidated Edison. The mechanics worked at Con Edison powerhouses from the mid-20th century, and the jury initially found Westinghouse 20% liable, awarding punitive damages for reckless disregard of their safety. However, a post-trial motion led the trial court to reverse the jury's findings on reckless disregard and punitive damages, a decision that the Appellate Division affirmed. The Court of Appeals upheld these rulings, emphasizing that the evidence failed to meet the gross negligence threshold, which necessitates an unreasonable act performed with conscious indifference to known risks. The court concluded that Westinghouse's general awareness of asbestos hazards did not constitute specific knowledge of risks to Maltese and Stallone, thus rendering the jury's decision irrational. The Appellate Division's order was affirmed with costs awarded.

Legal Issues Addressed

Liability for Asbestos Exposure

Application: Westinghouse was found 20% liable for mesothelioma injuries due to asbestos exposure from turbines sold to Consolidated Edison.

Reasoning: In the case of Amelia Maltese et al. v. Westinghouse Electric Corp., the Court of Appeals of New York addressed appeals stemming from a jury's verdict that found Westinghouse 20% liable for mesothelioma injuries suffered by mechanics Mario Maltese and Savino Stallone due to asbestos exposure from turbines sold by Westinghouse to Consolidated Edison.

Rational Basis for Jury Verdict

Application: The Court of Appeals found that the jury's verdict lacked a rational basis as the evidence only indicated a general awareness of asbestos dangers.

Reasoning: The court concluded that the jury's verdict lacked a rational basis and affirmed the Appellate Division's order, including an award of costs.

Reckless Disregard and Punitive Damages

Application: The trial court reversed the jury's findings on reckless disregard and punitive damages, which was affirmed by the Appellate Division and upheld by the Court of Appeals.

Reasoning: The jury concluded that Westinghouse acted with reckless disregard for their safety and awarded punitive damages. However, following a post-trial motion, the trial court reversed the jury's findings on reckless disregard and punitive damages, which was subsequently affirmed by the Appellate Division.

Standard of Gross Negligence

Application: The Court of Appeals clarified that gross negligence requires an unreasonable act done with conscious indifference to known risks, which was not demonstrated in this case.

Reasoning: The court clarified that the gross negligence standard requires an unreasonable act done with conscious indifference to known risks, which was not demonstrated in this case.