Case
by Case
Employers's
Lack of Care is Malice
In a recent case, a Texas court has underscored the law that a company
cannot knowingly put workers at risk without being forced to pay the
price. This case involved a worker who was killed by asbestos that
he was exposed to while working. His widow sued the company responsible
for exposing her husband to the asbestos, and the jury found that
the company was partially responsible for the worker's death. The
jury then increased its award to the widow by almost $200,000 because
it found that the worker's death was caused by the company's "malice."
This
verdict was based on evidence that employees of the company knew asbestos
was dangerous by at least 1972 and possibly as early as the mid-1950s,
but they did not do anything to protect workers until 1976. This evidence
showed that the company was "consciously indifferent to the safety
of other," and the jury's finding of malice was supported by
the evidence.