Cobb v. PACCAR Inc.

• Court: Superior Court of Delaware
• Decided: August 30, 2017
• Docket: N17C-05-126 ASB
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN RE: ASBESTOS LITIGATION

NAGEL T. COBB, ) ) Plaintiff, ) ) v. ) ) C.A. No. N17C-05-126 ASB PACCAR INC. et al., ) ) Defendants. ) ) ) )

August 30, 2017

Upon Defendant PACCAR’s Motion to Dismiss Plaintiff’s Willful and Wanton Conduct Claim GRANTED.

ORDER

Defendant PACCAR Inc. (“Defendant”) filed a Motion to Dismiss Plaintiff’s

Willful and Wanton Conduct Claims pursuant to Superior Court Civil Rules 8(a),

9(b) and 12(b)(6). Defendant argues that Plaintiff’s willful and wanton conduct

claim lacks specific supporting factual allegations, and this Court has held that

simply “adding the words willful and wanton to an allegation does not transform automatically a case to a punitive damages claim.” 1 On the other hand, Plaintiff

contends that under Delaware law, “for a complaint to survive a motion to dismiss

it need only general notice of the claim asserted.”2 The Court agrees with Defendant.

As this Court noted in In re Asbestos Litigation (Ardis)3, without a factual basis or

the elements of the claim under the substantive state law the claim is brought under,

the claim is insufficient. Plaintiff did not plead specific facts to support a punitive

damages claim against Defendant. Plaintiff’s willful and wanton conduct claim

against Defendant is dismissed without prejudice. Plaintiff may move to amend if

Plaintiff discovers evidence that supports a punitive damages claim.

IT IS SO ORDERED.

/s/ Calvin L. Scott The Honorable Calvin L. Scott, Jr.

1 Defendant cites to In re Asbestos Litig. (Aungst), C.A. N12c-08-017 ASB (Del.Super. Dec. 17, 2012). Defendant also cites to numerous Asbestos Litigation cases where this Court has dismissed “cookie cutter” punitive damage claims. 2 Plaintiff cites Doe v. Cahill, 884 A.2d 451, 458 (Del. 2005). 3 In re Asbestos Litigation (Ardis), C.A. No. N13C-10-020 (ASB)(Del. Super. Feb. 6, 2014).