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Mario Maltese and Savino Stallone, mechanics at Con Edison, contracted mesothelioma due to asbestos exposure from turbines sold by Westinghouse Corporation. Their estates and Stallone's wife sued multiple defendants, including Westinghouse, with a jury finding Westinghouse 20% liable. The jury also found Westinghouse demonstrated reckless disregard for safety and assessed punitive damages, but the trial court set these findings aside. The Appellate Division affirmed this decision, and the higher court agreed, finding insufficient evidence for reckless disregard based on a gross negligence standard. The court concluded that Westinghouse's general awareness of asbestos risks wasn't enough to prove they knew Maltese or Stallone were at risk at a time they could have warned them.
Matter of New York City Asbestos Litig. is a workers' compensation case decided in New York Court of Appeals. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Court of Appeals.
Full Decision Text1 Pages
Mario Maltese and Savino Stallone, mechanics at Con Edison, contracted mesothelioma due to asbestos exposure from turbines sold by Westinghouse Corporation. Their estates and Stallone's wife sued multiple defendants, including Westinghouse, with a jury finding Westinghouse 20% liable. The jury also found Westinghouse demonstrated reckless disregard for safety and assessed punitive damages, but the trial court set these findings aside. The Appellate Division affirmed this decision, and the higher court agreed, finding insufficient evidence for reckless disregard based on a gross negligence standard. The court concluded that Westinghouse's general awareness of asbestos risks wasn't enough to prove they knew Maltese or Stallone were at risk at a time they could have warned them.
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