Ivins v. Celotex Corp.

115 F.R.D. 159, 1986 U.S. Dist. LEXIS 16238
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 19, 1986
DocketCiv. A. No. 84-4349
StatusPublished
Cited by8 cases

This text of 115 F.R.D. 159 (Ivins v. Celotex Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ivins v. Celotex Corp., 115 F.R.D. 159, 1986 U.S. Dist. LEXIS 16238 (E.D. Pa. 1986).

Opinion

MEMORANDUM

NEWCOMER, District Judge.

I INTRODUCTION

This is an asbestos case. Presently before the court is defendant Owens Corning Fiberglass’ motion to dismiss plaintiffs’ claims for punitive damages or, in the alternative, to exclude evidence which would support plaintiffs’ claims for punitive damages. In a related motion, plaintiffs seek the production of information regarding the net worth of Owens Corning Fiberglass (hereinafter “OCF”), Celotex, Owens Illinois, and Pittsburgh Corning Corporation.

At the outset, the court notes that OCF failed to set forth the nature of the present motion. As the motion addresses (1) the continued validity of plaintiffs’ punitive claims as a matter of law and (2) the admissibility of all evidence concerning punitive damages, the motion may be viewed as one for summary judgment pursuant to Fed.R. Civ.P. 56 and a motion in limine to preclude evidence.

II SUMMARY JUDGMENT MOTION

A trial court may enter summary judgment if after a review of all evidentiary material in the record in a light favorable to the party opposing the motion, there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Bank of America Nat. Trust and Sav. Ass’n v. Hotel Rittenhouse Associates, 595 F.Supp. 800 (E.D.Pa.1984). Where no reasonable resolution of the conflicting evidence and inferences therefrom could result in a judgment for the non-moving party, the moving party is entitled to summary judgment. Tose v. First Pennsylvania Bank, N.A., 648 F.2d 879, 883 (3d Cir.) cert. denied 454 U.S. 893, 102 S.Ct. 390, 70 L.Ed.2d 208 (1981).

In their memoranda, OCF and the plaintiffs do not address the apparent choice of law question presented by this case. Both sides assume, without discussion, that Pennsylvania or New Jersey law applies to the case. The court declines to determine which state’s law applies since the parties have not raised the issue; rather, the court will examine the summary judgment motion with respect to both Pennsylvania and New Jersey law.

A. Applicable Standard for Punitive Damages

1. Pennsylvania Law

Punitive damages may be awarded for conduct , that is outrageous, because of the defendant’s evil motive or his reckless indifference to the rights of others. Restatement (Second) of Torts § 908(2) (1977). The Pennsylvania Supreme Court has spe: cifically adopted this statement concerning punitive damages. Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (1984), citing to Chambers v. Montgomery, 411 Pa. 339, 192 A.2d 355 (1963).1 In discussing the [161]*161type of conduct which would justify the imposition of punitive damages, the Feld decision stated that punitive damages must be based on conduct which is “malicious,” “wanton,” “reckless,” “willful,” or “oppressive.” Feld, 506 Pa. 383, 485 A.2d at 747-8, citing to Chambers, 411 Pa. 339, 192 A.2d at 358 and Hughes v. Babcock, 349 Pa. 475, 37 A.2d 551 (1944); see Neal v. Carey Canadian Mines, Ltd., 548 F.Supp. 357, 377 (E.D.Pa.1982) (discussing Pennsylvania law), aff'd on other grounds 760 F.2d 481 (3d Cir.1985); Dean Witter Reynolds, Inc. v. Genteel, 346 Pa.Super. 336, 499 A.2d 637, 643 (1985); Delahanty v. First Pennsylvania Bank N.A., 318 Pa.Super. 90, 464 A.2d 1243, 1263 (1983); Smith v. Brown, 283 Pa.Super. 116, 423 A.2d 743, (1980) (reckless or wanton misconduct supports imposition of punitive damages); see also Feingold v. S.E.P.T.A., 512 Pa. 567, 517 A.2d 1270 (1986) (Larsen, J., dissenting).

At issue in the present case is whether defendant OCF’s conduct was wanton or reckless. Several Pennsylvania cases have considered the question of what constitutes wanton or reckless conduct.

In Evans v. Philadelphia Transportation Co., 418 Pa. 567, 212 A.2d 440 (1965) the Supreme Court reviewed the trial court’s denial of a j.n.o.v. motion which raised the issue of whether the evidence presented could warrant a finding of “wanton misconduct.” The appellant had contended that wanton misconduct existed only when the actor had actual knowledge of the danger for a sufficient period of time to give him a reasonable opportunity to take measures to avoid the danger. In clarifying the distinction between willful misconduct and wanton misconduct, the court stated that wanton misconduct “means that the actor has intentionally done an act of unreasonable character, in disregard of a risk known to him or so obvious that he must be taken to have been aware of it, and so great as to make it highly probable that harm would follow.” Evans, 418 Pa. at 574, 212 A.2d 440, citing to Prosser, Torts § 33 at 151 (2 ed. 1955). The court further stated:

Other decisions of this Court have recognized that actual prior knowledge of the injured person’s peril need not be affirmatively established to constitute wanton misconduct. These cases, as well as the Restatement of Torts, clearly indicate that if the actor realizes or at least has knowledge of sufficient facts to cause a reasonable man to realize the existing peril for a sufficient period of time beforehand to give him a reasonable opportunity to take means to avoid the accident, then he is guilty of wanton misconduct if he recklessly disregards the existing danger.

Id. In discussing wanton misconduct and reckless disregard the opinion cited with approval to the Restatement of Torts § 500 (1934),2 and Comment d thereto. Thus, the [162]*162standard ennunciated required 1) an intentional act 2) when the actor knew or had reason to know of facts 3) where such facts would lead a reasonable person to realize that the conduct creates a substandial probability of unreasonable harm. The court interchanged the terms wanton misconduct and reckless disregard, supporting the conclusion that the two terms reflected the same conduct. Id. n. 5. The court rejected appellant’s argument and upheld the denial of the j.n.o.v. motion. 418 Pa. at 577, 212 A.2d 440.

Similarly, in Wilson v. Pennsylvania Railroad Co., 421 Pa. 419, 427-31, 219 A.2d 666

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Bluebook (online)
115 F.R.D. 159, 1986 U.S. Dist. LEXIS 16238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivins-v-celotex-corp-paed-1986.