STEARNS v. JOHNS-MANVILLE SALES CORP.

Nos. 84-3382, 84-3412.

770 F.2d 599 (1985)

Donna C. STEARNS, Individually and as Executrix of the Estate of Arthur J. Stearns, deceased, Plaintiff-Appellant, Cross Appellee, v. JOHNS-MANVILLE SALES CORP., et al., Defendants-Appellees, Cross Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 16, 1985.


Attorney(s) appearing for the Case

Robert E. Sweeney, Robert P. Sweeney, Thomas H. Terry, III, argued, Robert E. Sweeney Co., L.P.A., Cleveland, Ohio, for plaintiff-appellant, cross appellee.

Randall L. Solomon, Cleveland, Ohio, for GAF Corp.

Robert G. Quandt, Joseph R. Tira, Beth A. Sebaugh, Cleveland, Ohio, for Armstrong World.

Richard J. Disantis, Cleveland, Ohio, for Raymark.

Thomas A. Dugan, Cleveland, Ohio, for Nicolet, Inc.

Richard G. Hardy, argued, L. Edward York, Cleveland, Ohio, for Forty-Eight Insulations.

Before MERRITT and KENNEDY, Circuit Judges, and WEICK, Senior Circuit Judge.


WEICK, Senior Circuit Judge.

This diversity action presents the controlling issue of whether Ohio's comparative negligence statute, Ohio Revised Code § 2315.19, applies in strict liability actions and if so, whether the district court properly construed and applied the provisions of the statute in the case at bar.

On November 6, 1979, Arthur J. Stearns filed a complaint alleging personal injuries resulting from exposure to asbestos and asbestos containing...

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