SILKWOOD V. KERR-McGEE CORP.
464 U.S. 238 (1984)
NATURE OF THE CASE: This was the infamous plutonium contamination case.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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