Gas Pipe Exploded

Orange County tenant sued landlord for negligence when she was injured by a gas pipe explosion, and the jury awarded her $25,000 in punitive damages. After tenant moved into the apartment, she complained to landlord that a persistent odor of gas emanated from her stove. Tenant continued to complain for several months, but landlord made no repairs. The natural gas pipe connecting the stove to the main pipe line eventually exploded, injuring tenant. After the trial, landlord appealed the punitive damage award, arguing that his conduct was merely careless, and not wanton or reckless. The appeals court upheld the punitive damage award. Landlord had flagrantly ignored tenant's complaints of a highly dangerous condition, so landlord's conduct went beyond carelessness. And when the risks of injury are so high, it's appropriate for a court to impose punitive damages in order to deter others from similar conduct.

Gruber v. Craig: NYLJ, p. 32, col. 4 (11/8/94) (App. Div. 2 Dept.; Thompson, JP, Miller, Rosenblatt, Ritter, JJ)