BORMAN v. RAYMARK INDUSTRIES, INC.

No. 89-2110.

960 F.2d 327 (1992)

Richard BORMAN and Joanne Borman, his wife, Joanne Borman, Executrix of the last will of Richard Borman v. RAYMARK INDUSTRIES, INC., Keene Corporation, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, Owens-Illinois Glass Company, Celotex Corporation, Fibreboard Corporation, GAF Corporation, Turner-Newall, PLC, Garlock, Inc. v. NICOLET, INC. Celotex Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 30, 1992.


Attorney(s) appearing for the Case

Marc W. Reuben (argued), Bruce H. Bikin, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellant.

Martin Greitzer (argued), Kirk V. Wiedemer, Greitzer & Locks, Philadelphia, Pa., for appellee, Joanne Borman, Executrix and in her own right.

Before: SLOVITER, Chief Judge, SCIRICA and ALITO, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this diversity case involving asbestosis, the district court declined to charge the jury on the apportionment of decedent's damages between cigarette smoking and asbestos exposure. Because we predict that the Pennsylvania Supreme Court would not find a reasonable basis for apportionment in this case, we will affirm.

I.

Richard Borman worked as an insulator at various locations and with various...

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