Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A state appeals court Tuesday threw out a $94 million punitive damage award to the families of three ironworkers killed when a crane collapsed during the construction of Milwaukee’s Miller Park. The judges voted 2-1 that Mitsubishi Heavy Industries of America did not intentionally cause the three deaths, nor was its conduct certain to cause injury. The court left intact a $27 million award for compensatory damages for the 1999 collapse. Robert Habush, who represents the families of the dead ironworkers, said they planned to appeal to the state Supreme Court. The three ironworkers were guiding a 450-ton roof piece into place from a safety basket held aloft by a crane when another crane, called Big Blue, fell and smashed them to the ground. Their families argued in court that the decision to lift the piece of the roof on a windy day justified punitive damages. But the judges ruled their argument did not meet the narrow limitations on punitive damages the Legislature intended. The statute states punitive damages may be awarded only if evidence shows “the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.” The judges ruled Mitsubishi did neither. The tragedy delayed the opening of Miller Park, home to baseball’s Milwaukee Brewers, by one year. Copyright 2003 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.