Nature of the Case
To access this section all you need to do is click here and register.
Facts
Karen Silkwood (P) was a laboratory analyst for Kerr-McGee (D) and was involved in the fabrication of plutonium fuel pins for use as reactor fuel in nuclear power plants. This process was regulated by NRC. P became contaminated, and the level was such that her personal belonging in her apartment had to be destroyed. P was sent to Los Alamos to determine the extent of contamination in her vital body organs. The night she returned to work, she was killed in an unrelated auto accident. P's father brought a diversity action as administrator of her estate on common law tort principles. The jury rejected the allegation that P had removed the plutonium from the plant in an effort to embarrass the company. There was no specific finding of just how the contamination had occurred. Evidence at trial showed that D had not always complied with NRC regulations. The evidence showed violations and also showed substantial compliance. The trial court gave the issue to the jury on strict liability and negligence. The jury was instructed on punitive damages. The jury gave the verdict to P for $505,000 in actual damages and $10 Million in punitives. The Court of Appeals held that P's personal injuries were covered by workers' compensation law and reversed $500,000 of the actual damages. The court affirmed the property award and ruled that the punitive damages were not allowed because federal statutes regulated the plant. P appealed the ruling regarding the punitive damages.
Support@ bsmsphd.com
Casebriefs Co