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COFFMAN v. KEENE CORP.

257 N.J. Super. 279 (1992)

608 A.2d 416

GEORGE COFFMAN, PLAINTIFF-RESPONDENT, AND ELIZABETH COFFMAN, HIS WIFE, PLAINTIFF, v. KEENE CORPORATION, DEFENDANT-APPELLANT, AND PITTSBURGH CORNING CORP., IN ITSELF, AND AS SUCCESSOR TO UNARCO; KEENE CORP., AS SUCCESSOR TO BALDWIN-EHRETHILL, INC.; H.K. PORTER CO.; RAYMARK INDUSTRIES, INC., SUCCESSOR TO RAYBESTOS-MANHATTAN, INC.; OWENS-ILLINOIS, INC.; OWENS CORNING FIBERGLAS CORP.; GARLOCK, INC.; FIBREBOARD CORP.; CELOTEX CORPORATION, IN ITSELF, AND AS SUCCESSOR TO PHILIP CAREY MANUFACTURING CO.; GAF CORPORATION, IN ITSELF, AND AS SUCCESSOR TO SOUTHERN ASBESTOS CO.; EAGLE-PICHER INDUSTRIES, INC.; FLEXITALLIC GASKET CO.; NICOLET, INC., IN ITSELF, AND AS SUCCESSOR TO KEASBEY AND MATTISON CO.; ARMSTRONG WORLD INDUSTRIES, INC.; ROCK WOOL MANUFACTURING CO.; FLINTKOTE CO.; J.W. ROBERTS, LTD., A DIVISION OF TURNER & NEWALL, LTD.; ACANDS, INC.; AMCHEM PRODUCTS, INC., BENJAMIN FOSTER DIV.; AND JOHN DOE CORPORATIONS (1-20), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Theresa Keeley argued the cause for appellant (McCarter & English, attorneys; Michael A. Tanenbaum, of counsel; John C. Garde and Teresa L. Moore, on the brief).

Patrice A. Gillotti argued the cause for respondent (Tomar, Simonoff, Adourian & O'Brien, attorneys; Patrice A. Gillotti and Joshua M. Spielberg, on the brief).

Before Judges O'BRIEN, HAVEY and CONLEY.

The opinion of the court was delivered by CONLEY, J.S.C. (temporarily assigned).

Defendant Keene Corporation's1 appeal from an adverse verdict in this asbestos personal injury litigation requires us to address the issue of whether a plaintiff in a failure to warn products liability case may rely upon what has frequently been referred to as the "heeding presumption" in proving proximate cause. Although other states have adopted such a presumption...

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