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CAROTA v. JOHNS MANVILLE CORP.

No. 89-1286.

893 F.2d 448 (1990)

Rose CAROTA, Plaintiff, Appellant, v. JOHNS MANVILLE CORP., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Neil T. Leifer, with whom Thornton & Early, Boston, Mass., was on brief, for plaintiff, appellant.

Leonard F. Zandrow, Jr., with whom Richard L. Neumeier, Thomas P. O'Reilly, Janet L. Maloof, and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for defendants, appellees.

Before BOWNES, TORRUELLA and MAYER, Circuit Judges.

TORRUELLA, Circuit Judge.

Plaintiff-appellant appeals from a jury verdict in a wrongful death case. She argues that the United States District Court for the District of Massachusetts improperly admitted evidence of out of court settlements in violation of Federal Rule of Evidence 408 causing substantive prejudice and therefore requests a new trial.

Elio Carota and his wife, Rosa, commenced this action in 1982. In 1986, Elio Carota died, allegedly of asbestosis...

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