Document 3QrQewnzOn6k9oMndvJBVy19E

IN THE CIRCUIT COURT FOR THE CITY OF ST. LOUIS STATE OF MISSOURI DONALD WARD, Plaintiff, vs. PNEUMO ABEX CORPORATION, et al., Defendants. ) ) ) ) ) ) Cause No. 022-01404 ) Division No. 1 ) Asbestos Personal Injury ) JURY TRIAL DEMANDED ) PLAINTIFF'S MEMORANDUM IN SUPPORT OF SUBMITTING PUNITIVE DAMAGES TO THE JURY Plaintiff Has Made Submissible Case For Punitive Damages Against Defendant Pneumo Abex Corporation Under Missouri law, punitive damages are allowed where the jury has determined that the defendant knew or should have known that its conduct "created a high degree of probability of injury...and thereby showed complete indifference to or conscious disregard for the safety of others." Alcorn v. Union Pacific Railroad Co., 50 S.W.3d 226, 247 (Mo banc 2001). This determination must be supported by clear and convincing evidence. See Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104 (Mo. banc 1996). Plaintiff, in the case at bar, has presented a submissible case for punitive damages against Defendant Pneumo Abex Corporation (Abex) pursuant to this standard. The Jury Should Decide If Defendant's Misconduct Meets The Standard For Imposing Punitive Damages The Missouri Supreme Court has indicated that "careful judicial scrutiny" is required to ensure that the defendant's misconduct "was so egregious that it was `tantamount to intentional wrongdoing.'" Alcorn, 50 S.W.3d at 248 (quoting Lopez v. Three Rivers Electric Cooperative, 26