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FISH v. GEORGIA-PACIFIC CORP.

Nos. 247, 294, Dockets 85-7395, 85-7397.

779 F.2d 836 (1985)

Sherwin W. FISH and Leona B. Fish, Plaintiffs-Appellees, Cross-Appellants, v. GEORGIA-PACIFIC CORPORATION, Diamond International Corporation and Owens-Corning Fiberglass Corporation, Defendants, Georgia-Pacific Corporation and Diamond International Corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 13, 1985.

Attorney(s) appearing for the Case

Richard F. Sullivan, Rutland, Vt. (Sullivan and McClallen, Rutland, Vt., Arthur A. Mitiguy, Law Clerk, of counsel), for plaintiffs-appellees, cross-appellants.

Allan R. Keyes, Rutland, Vt. (Ryan Smith & Carbine, Ltd., Rutland, Vt., of counsel), for defendants-appellants, cross-appellees.

Before FEINBERG, Chief Judge, and LUMBARD and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiffs, Sherwin and Leona Fish, brought this diversity suit in the District Court for Vermont on a theory of strict products liability for defendants' failure to warn plaintiffs of alleged hazardous effects of "particleboard floor underlayment" used to build their home. The jury awarded plaintiffs $85,000 for property damage and $10,000 for personal injuries to Sherwin Fish.

Defendants...

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