DYKES V. RAYMARK INDUSTRIES, INC.
801 F.2d 810 (6th Cir. 1986)
NATURE OF THE CASE: This was a personal injury action for asbestos exposure.
FACTS: Dykes (P) worked as a plasterer from 1947 to the mid 60's. During this work, it
was found that P was exposed to asbestos. P was diagnosed as suffering from mesothelioma, a
form of chest cancer associated with the inhalation of asbestos. P died from the disease
shortly after filing this suit in district court. P's widow attempted to prove at trial that
D was aware of the dangers of asbestos during and after P's exposure and did nothing to
protect or inform P of those dangers. She also attempted to prove that D suppressed studies
and reports documenting the risks associated with asbestos exposure. To that end, they
sought admission of a deposition of a Dr. Kenneth Smith, the medical director of Johns
Manville Corporation. The Dr. was deposed in another asbestos case in 1976 and the entire
deposition was read into the trial record before the jury. D objected under hearsay rules.
The verdict went to P and D appealed on the issue of punitive damages.
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