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PERLMUTTER v. U.S. GYPSUM CO.

Nos. 91-1265, 91-1271.

4 F.3d 864 (1993)

Jordon PERLMUTTER, individually and as trustee for the Abe Perlmutter Testamentary Trust; Leland Rudofsky, Gerard Rudofsky, and Harley Rudofsky, trustees for the Albert Rudofsky Family Trust; Bernstein Investment Co., a Colorado Limited Partnership; Morrison Northglenn Partnership, a Colorado General Partnership; and Glenn Investment Partnership, a Colorado General Partnership, Plaintiffs-Appellees/Cross-Appellants, and Sue M. Glick, Trustee for the Albert Rudofsky Family Trust, Plaintiff, v. UNITED STATES GYPSUM CO., Defendant-Appellant/Cross-Appellee, and National Gypsum Company; W.R. Grace & Company; Highland Stucco and Lime Products, Inc., a California Corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

September 3, 1993.

Attorney(s) appearing for the Case

Kell M. Damsgaard of Morgan, Lewis & Bockius, Philadelphia, PA (Peter H. Blair, Jr., of Foster & Blair, Denver, CO, with him on the brief), for defendant-appellant/cross-appellee.

Kenneth B. McClain of Humphrey, Farrington & McClain, P.C., Independence, MO (William S. Silverman of Silverman & Riley, Denver, CO, with him on the brief), for plaintiffs-appellees/cross-appellants.

Before McKAY, Chief Judge, McWILLIAMS and KELLY, Circuit Judges.

McKAY, Chief Judge.

United States Gypsum Company appeals a jury award for negligence and failure to warn in selling an asbestos-containing acoustical plaster to Plaintiffs. USG contends that the trial court erred in several respects, discussed below. The Plaintiffs, the owners of a shopping mall where the plaster was used, cross-appeal on the issues of pre-judgement interest and punitive damages. Finding error below, we REVERSE the jury verdict and REMAND for a new...

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