IN RE JOINT EASTERN & SOUTHERN DIST. ASBESTOS LIT.

No. 88 Civ. 3317 (RWS).

827 F.Supp. 1014 (1993)

In re JOINT EASTERN AND SOUTHERN DISTRICT ASBESTOS LITIGATION. Mrs. Arlene M. MAIORANA, Individually and as Administratrix of the Estate of John Maiorana, Plaintiff, v. NATIONAL GYPSUM COMPANY; AC & S, Inc., Armstrong World Industries, Inc., f/k/a Armstrong Cork Company; The Celotex Company, individually and as successor-in-interest to Philip Carey Corporation, Briggs Manufacturing Co., Smith and Kanzler Corporation and Panacon Corporation; Eagle Picher Industries, Inc.; GAF Corporation; Nicolet Inc., individually and successor-in-interest to Keasbey-Mattison Company; Raymark Industries, Inc.; individually and as successor-in-interest to Raybestos-Manhattan, Inc.; Owens-Corning Fiberglas Corp.; U.S. Mineral Products Company; H.K. Porter Company, Inc., individually and successor to Southern Textile Corporation and Southern Asbestos Company; The Flintkote Company; Carey Canada, Inc.; Fibreboard Corporation; Rock Wool Manufacturing Co., Inc.; Owens-Illinois, Inc.; Turner & Newall, PLC., individually and as successor to Keasbey-Mattison Corporation; United States Gypsum Company; Dana Corporation, individually and as successor to Smith & Kanzler Company and Victor Gasket Company; Certainteed Corporation; TAF International Ltd., formerly Turner Asbestos Fibers, Ltd.; Pittsburgh Corning Corporation, individually and as successor to Unarco Industries, Defendants. OWENS-CORNING FIBERGLAS CORPORATION, Third-Party Plaintiff, v. MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND; Keene Corporation, individually and as successor-in-interest to the Baldwin-Ehret-Hill Company, Keene Building Products Company and Ehret Magnesia Manufacturing Company; H & A Construction Company, individually and as successor to Spraycraft Corporation; Garlock, Inc.; Empire-Ace Insulation Manufacturing Corporation, individually and as successor to Empire Asbestos Company; Combustion Engineering, Inc., W.R. Grace and Company; Babcock & Wilcox Company; Bell/Atlas Asbestos Corp.; Port Authority of New York and New Jersey; Nassau County Medical Center, a/d/a Meadowbrook Hospital; DNS Metal Industries, Inc., individually and as successor-in-interest to Alpine Sheetmetal; and Triangle Sheet Metal, Third-Party Defendants (Two Cases). UNITED STATES MINERAL PRODUCTS COMPANY, Second Third-Party Plaintiff, v. TRIANGLE SHEET METAL WORKS, INC.; New York Telephone Company; DNS Metal Industries, Inc.; individually and as successor to Alpine Sheetmetal & Ventilating Company, Inc.; Sheet Metal Workers International Union, Local 28; Tishman Realty & Construction Co., Inc.; Castagna & Son, Inc., HRH Construction Co., Mario & DiBono Plastering Co., Inc.; Port Authority of New York and New Jersey; Nassau County Medical Center, f/k/a Meadowbrook Hospital, Second Third-Party Defendants.

United States District Court, S.D. New York.

July 23, 1993.


Attorney(s) appearing for the Case

Levy Phillips & Konigsberg by Moshe Maimon, of counsel, New York City, for plaintiff.

Barry McTiernan & Moore by Suzanne M. Halbardier, of counsel, New York City, for defendant Mario & DiBono Plastering Co., Inc.

Congdon, Flaherty, O'Callaghan, Reid, Donlon & Travis by Tod Travis, of counsel, Garden City, for defendant Castagna & Son, Inc.

D'Amato & Lynch by John J. Cullen, of counsel, New York City, for Port Authority of NY and NJ.

Danaher, Tedford, Lagnese & Neal, P.C. by Kenneth R. Neal, Paul F. Slater, of counsel, New York City, for defendant U.S. Mineral Products Co.

McMahon, Martine & Merritt by William D. Gallagher, of counsel, New York City, for defendant Tishman Realty & Const. Co.


OPINION

SWEET, District Judge.

Following a jury verdict rendered on February 10, 1993, in favor of the plaintiff Arlene Maiorana (the "Plaintiff"), certain defendants and third-party defendants (collectively, the "Defendants") in this action have filed post-trial motions. The Plaintiff alleged and the jury found that the asbestos-containing products of certain of the Defendants were the proximate cause of the death of her husband, John Maiorana ("Maiorana...

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