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RIPA v. OWENS-CORNING FIBERGLAS

282 N.J. Super. 373 (1995)

660 A.2d 521

PAULINE RIPA, EXECUTRIX OF THE ESTATE OF PETER RIPA, DECEASED, AND PAULINE RIPA, IN HER OWN RIGHT, PLAINTIFF-RESPONDENT, v. OWENS-CORNING FIBERGLAS CORPORATION, DEFENDANT-APPELLANT, AND OWENS-ILLINOIS COMPANY, GARLOCK, INC.; KEENE CORPORATION; GAF CORPORATION; ARMSTRONG WORLD INDUSTRIES, INC.; JOHN DOE CORPORATION (ONE THROUGH TEN), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1995.

Supplemental Briefs April 24, 1995.

Attorney(s) appearing for the Case

Larry L. Simms, admitted pro hac vice, argued the cause for appellant (Tucker, Biegel & Goldstein, attorneys; Andrew Constantine, II, of counsel, Frederick E. Blakelock, on the brief).

James J. Pettit argued the cause for respondents (Greitzer & Locks, attorneys; Mr. Pettit, on the brief).

Before Judges DREIER, VILLANUEVA and WEFING.

The opinion of the court was delivered by DREIER, P.J.A.D.

Defendant Owens-Corning Fiberglas Corp. appeals from a compensatory damage award in favor of plaintiff of $380,344.50, including prejudgment interest, and from a punitive damage award of $5,500,000. Owens-Corning was one of ten asbestos manufacturer defendants in plaintiff's wrongful death and survival action based upon Owens-Corning's and the other defendants' alleged failure to provide proper warnings concerning...

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