Motion to Dismiss Punitive Damages Claim

[Caption]

MOTION TO DISMISS PUNITIVE DAMAGES CLAIM

Defendant [Name] by its attorneys, [Name of Attorney], and, pursuant to 735 ILCS 5/2-604.1, moves for entry of an Order dismissing Count II of Plaintiff’s Second Amended Complaint at Law. In support of its Motion, defendant states as follows:

1. Plaintiff has filed a Second Amended Complaint at Law in multiple counts, seeking recovery for injuries allegedly sustained by Plaintiff’s workplace exposure to asbestos. A copy of Plaintiff’s Complaint at Law is attached hereto and incorporated herein as Exhibit A.

2. Count II of plaintiff’s second amended complaint purports to state a claim for punitive damages.

3. 735 ILCLS 5/2-604.1 provides, in relevant part, as follows:

   2-604.1. Pleading of Punitive Damages. In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based on any theory or doctrine, where punitive damages are permitted, no complaint shall be filed containing a prayer for relief seeking punitive damages. However, a plaintiff may, pursuant to a pre-trial motion and after a hearing before the Court, amend the complaint to include a prayer for relief seeking punitive damages. The Court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages.

4. Count II of Plaintiff’s Second Amended Complaint, purporting to state a cause of action for recovery of punitive damages in Plaintiff’s initial Complaint, is not allowed under Illinois law, and Plaintiff may not amend the Complaint to add such counts absent a pre-trial hearing at which plaintiff presents the court with evidence to establish a...