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OLIVER v. RAYMARK INDUSTRIES, INC.

No. 85-1504.

799 F.2d 95 (1986)

OLIVER, Everett & Mildred h/w v. RAYMARK INDUSTRIES, INC., H.K. Porter Company, Inc., Pacor, Inc., Eagle Picher Industries, J.P. Stevens & Co., Garlock, Inc., Southern Textile Company, Armstrong Wold Industries, Inc., Nicolet, Inc., Keene Corporation, Owens Illinois Glass Company, Celotex Corporation, GAF Corporation, Fibreboard Corporation, Owens Corning Fiberglas, Corporation, Forty Eight Insulation, Inc., Pittsburgh Corning Corporation v. PORTER HAYDEN CO., LaFavorite Rubber Mfg. Co. (Third Party defendant). Appeal of UNITED STATES of America, GAF Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 27, 1986.

Rehearing and Rehearing Denied September 25, 1986.

Attorney(s) appearing for the Case

Edward Greer (argued), E. Ralph Walker, Charles J. Kalinoski, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellant GAF Corp.

Daniel G. Childs (argued), Robert J. O'Shea, Jr., Lauren Scott, Joseph D. Shein, P.C., Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM, HUNTER, Circuit Judges, and RE, Judge.

Rehearing and Rehearing In Banc Denied September 25, 1986.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal presents the question whether, under New Jersey law, punitive damages and damages for loss of consortium may be awarded in a strict products liability action in which the jury awarded no compensatory damages. The Supreme Court of New Jersey has not addressed this issue. The district court predicted that an award of damages...

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