Stevens

In this case appellant objects to an award of punitive damages, claiming punitive damages awarded in other cases have already fulfilled the objectives of punishment and deterrence. We hold that before such a claim may be raised on appeal, the appellant must first present evidence of the other awards to the trier of fact.

Owens-Coming Fiberglas Corporation (OCF) appeals from a judgment awarding the estate of James Duffy $25,660.17 in economic damages and $2 million in punitive damages. The jury found James Duffy’s lung cancer was caused by asbestos in insulation made by OCF. OCF contends Code of Civil Procedure section 377.34 prohibited the jury from awarding lost pension benefits as economic damages. Regarding punitive damages, OCF argues (1) the trial court did not adequately review the amount of the award; (2) the award is excessive as a matter of law; and (3) due process and California law preclude this and any further punitive damage awards in asbestos personal injury cases.

We affirm the judgment. Any error in the award of lost pension benefits was invited by OCF. OCF’s challenges to the punitive damage award are not supported by the law or the…