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TRAGARZ v. KEENE CORP.

Nos. 91-2108, 91-2109.

980 F.2d 411 (1992)

Grace TRAGARZ, individually and as Special Administrator of the Estate of Henry Tragarz, deceased, Plaintiff-Appellee, v. KEENE CORPORATION, individually and as successor-in-interest of the Baldwin-Ehret-Hill Company, and Owens-Corning Fiberglas Corporation, a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 1992.

Rehearing and Rehearing Denied February 18, 1993.

Attorney(s) appearing for the Case

Timothy E. Eble (argued), Ness, Motley, Loadholt, Richardson & Poole, Barnwell, S.C., Kathy Byrne, James T. Newman, Kevin J. Conway (argued), Cooney & Conway, Terrence M. Johnson, Chicago, Ill., for plaintiff-appellee.

Andrew J. Boling, Daniel J. Cheely, Paul B. O'Flaherty, Jr., John Krivicich, Baker & McKenzie, Barbara E. Hermansen (argued), Catherine Masters Epstein, Sam V. Menegas, Robert H. Riley, Paul A. Scrudato, Ann Rae Heitland, Schiff, Hardin & Waite, Chicago, Ill., for defendants-appellants in No. 91-2108.

M. Jayne Rizzo, Carolyn Quinn, John Dames (argued), Julian Solotorovsky, David B. Sudzus, Kelley, Drye & Warren, Chicago, Ill., for defendant-appellant in No. 91-2109.

Before WOOD, Jr., and COFFEY, Circuit Judges, and CURRAN, District Judge.

Rehearing and Rehearing In Banc Denied February 18, 1993.

HARLINGTON WOOD, Jr., Circuit Judge.

This negligence action against manufacturers of asbestos insulation products raises challenging questions regarding cause in fact and comparative fault. And in particular contention in this regard are two issues: whether there is sufficient evidence that each of the defendant's asbestos products were the cause in fact of the injured party's disease, and whether the...

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