FOURTH CAUSE OF ACTION: NEGLIGENCE
Despite the fact that Defendants knew that PFOS and PFOA are toxic, can contaminate soil and water resources, and presents significant risks to human health and the environment, Defendants negligently:
(a) designed, manufactured, formulated, handled, labeled, instructed, controlled, marketed, promoted, and/or sold Fluorosurfactant Products;
(b) issued instructions on how Fluorosurfactant Products should be used and disposed of, thus improperly permitting PFOS and/or PFOA to enter and contaminate the State of Mississippi;
(c) failed to recall and/or warn the users of Fluorosurfactant Products of the dangers of soil and water contamination as a result of standard use and disposal of these products; and
(d) failed and refused to issue the appropriate warnings and/or recalls to the users of Fluorosurfactant Products regarding the proper use and disposal of these products, notwithstanding the fact that Defendants knew, or could determine with reasonable certainty, the identities of the purchasers of their Fluorosurfactant Products.
EIGHTH CAUSE OF ACTION: PUNITIVE DAMAGES
Defendants intentionally, recklessly, or with gross negligence, manufactured, designed, formulated, labeled, marketed, and sold Fluorosurfactant Products with knowledge that their Fluorosurfactant Products would likely end up in Mississippi, where they would be used, discharged, or released into the environment, resulting in the continuous and ongoing contamination of the State, its residents, lands, waters, natural resources, biota, and wildlife with PFOS and/or PFOA, which Defendants knew to be persistent, bioaccumulative, and toxic.
Plaintiff is therefore entitled to an award of punitive damages of and from Defendants to punish Defendants for their egregious conduct and to deter similar conduct in the future by the Defendant and others similarly situated thereto.