CONSORTI V. ARMSTRONG WORLD INDUSTRIES, INC.
72 F.3d 1003 (2nd Cir. 1995)
NATURE OF THE CASE: Owens-Corning (D) appeals from jury verdicts in favor of Consorti
(P), a pipe insulation worker who developed mesothelioma as the result of exposure to
asbestos dust, and his wife Frances (P) for loss of consortium.
FACTS: From 1960 to 1991, P was exposed to asbestos products, including D's product. P
began to suffer back problems in August 1991. In February 1992, he was diagnosed with
pleural mesothelioma. He died after trial, at the age of 51, in November 1993. P initiated
an asbestos personal injury action in August 1992 against numerous defendants. He was one of
thousands of such suits. Because of his rapidly advancing illness, his case was deemed an
emergency 'hardship' and was remanded to the Southern District of New York for expedited
trial. It was consolidated with three other cases of mesothelioma due to asbestos exposure.
D was a defendant only in P's action. In summation, P's counsel suggested awards of $8
million for P's past pain and suffering, plus $4 million for his future suffering. The jury
returned a verdict that awarded exactly those amounts. The jury found John's remaining life
expectancy to be nine months. D was found 7% responsible for P's injuries. D moved for
judgment as a matter of law, a new trial, or a remittitur, all of which were denied. D
appealed. D claims that the award as excessive and should be set aside.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment