Punitive Damages Deposition Ordered by New York Special Master

Ernest Masetro filed a lawsuit against multiple asbestos companies he blames for his malignant mesothelioma. When one of those companies attempted to avoid answering questions aimed at holding them responsible for punitive damages, he asked a Special Master to weigh in and force them to comply, and he did. Though the company appealed this order, their petition was denied.

Mesothelioma Lawsuit Filed by Mechanic Serviceman

Mr. Masetro blames his malignant mesothelioma on exposure to asbestos he suffered during his years of working as a mechanic serviceman. He spent three decades servicing and maintaining boilers manufactured by a variety of companies, including Burnham Corporation.  

In filing claims against Burnham and several others, the mesothelioma victims sought both economic damages for the monetary losses he suffered and punitive damages, which are specifically created to assess financial pain on companies as punishment for their recklessness and disregard.

Company Argues Against Answering Questions from Mesothelioma Victim

When Burnham’s representatives repeatedly evaded being questioned by the mesothelioma victim’s attorney, the man’s legal team sought assistance from the courts. They explained to a Special Master that the company’s responses had been inadequate, and upon hearing the details of the company’s actions, the Special Master ordered the company’s representatives to appear. Instead of complying, they filed an appeal asserting that the questioning was inappropriate based on New York’s procedural rules.

Though Burnham argued that the Special Master’s decision ran counter to New York law regarding discovery on punitive damages, the Supreme Court of New York denied their petition and noted that their argument ignored the special allowances that had been created to address the “exceptional needs of asbestos cases and litigants.” The court determined that their argument was a misinterpretation of the law and that the company needed to comply with the Special Master’s order to appear for questioning.