WEHMEIER v. UNR INDUSTRIES, INC.

Nos. 4-90-0361, 4-90-0376, and 4-90-0381.

572 N.E.2d 320 (1991)

213 Ill. App.3d 6

157 Ill.Dec. 251

John WEHMEIER; Helen Bratcher, Individually and as Administrator of the Estate of Ray Bratcher, Deceased; Evelyn Tynan, Individually and as Administrator of the Estate of William P. Tynan, Deceased, Plaintiffs-Appellees, v. UNR INDUSTRIES, INC., and Manville Corp. Asbestos Disease Compensation Fund, Defendants-Appellants (Billy L. Gray; Mae Gray; Hazel M. Cochran, Special Administrator for the Estate of William C. Cochran, Deceased; Hazel M. Cochran, Individually; Joyce Schultz, Individually and as Administrator of the Estate of Calvin P. Schultz, Deceased, Plaintiffs-Appellees, v. UNR Industries, Inc., and Manville Corp. Asbestos Disease Compensation Fund, Defendants-Appellants). John WEHMEIER; Helen Bratcher, Individually and as Administrator of the Estate of Ray Bratcher, Deceased; and Evelyn Tynan, Individually and as Administrator of the Estate of William P. Tynan, Deceased, Plaintiffs-Appellants, v. MANVILLE PERSONAL INJURY SETTLEMENT TRUST; UNR Industries, Inc.; and Charter Consolidated Limited, Defendants-Appellees. John D. SPICER; Gladys Spicer; Billy L. Gray; Mae Gray; Hazel M. Cochran, Special Administrator for the Estate of William C. Cochran, Deceased; Hazel M. Cochran, Individually; Joyce Schultz, Special Administrator of the Estate of Calvin P. Schultz, Deceased; Joyce Schultz; Juan Mendiola; Sarita Mendiola; Jarvis Long; Etta Long; Terry W. Grabill, Administrator of the Estate of Bernita Bragonier, Deceased, and Individually; Plaintiffs-Appellants, v. MANVILLE PERSONAL INJURY SETTLEMENT TRUST; UNARCO Industries, Inc.; Cape Industries Limited; Cape Asbestos Fibres, Ltd.; and ENEP (Pty) Limited; Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

May 9, 1991.


Attorney(s) appearing for the Case

Steven M. Hartmann, Jane W. Grover, Michael D. Freeborn, Freeborn & Peters, Chicago, Margaret S. Garvey, Freeborn & Peters, Denver, Colo., for Manville Corp. Asbestos Disease Compensation Fund.

James Walker, Ltd., Bloomington, for John Wehmeier, et al. and John D. Spicer, et al.


Justice McCULLOUGH delivered the opinion of the court:

Following a jury trial, judgments were entered against the defendant, the Manville Corporation Asbestos Disease Compensation Fund (Fund), and in favor of plaintiffs Wehmeier, Bratcher, Schultz, Cochran and Bragonier. Judgment was entered for the Fund against plaintiffs Gray and Tynan. The Fund raises the following issues as to the judgments for Wehmeier, Bratcher, Schultz, and Cochran: (1) whether plaintiffs proved...

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