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KEARNEY v. BRAKEGATE LTD.

No. 4-93-0168.

636 N.E.2d 117 (1994)

263 Ill. App.3d 355

200 Ill.Dec. 926

Margaret KEARNEY, Individually and as Special Administrator for the Estate of Robert Kearney, deceased, Plaintiff-Appellant, v. BRAKEGATE, LTD., Charter Consolidated, PLC, Charter Consolidated Investments, Ltd., Charter Consolidated Services, Ltd., Central Mining Finance, Ltd., the Consolidated Mines Selection Company, Ltd., British South Africa Company, Cape Industries, PLC, Cape Asbestos Fibres, Ltd., EGNEP (Pty.) Limited, Gatke Corporation, Abex Corporation, H.K. Porter Company, Inc., North American Asbestos Corporation, Grefco, Inc., Great Lakes Carbon Corporation and General Refractories, Inc., Defendants (Owens-Corning Fiberglas Corporation, Defendant-Appellee).

Appellate Court of Illinois, Fourth District.

Decided June 27, 1994.

Attorney(s) appearing for the Case

James Wylder (argued), James Walker, Ltd., Bloomington, for appellant.

John Dames and Carolyn Quinn (argued), Kelley, Drye, & Warren, Chicago, for appellee.

Justice COOK delivered the opinion of the court:

In 1989 Robert Kearney (decedent) and his wife Margaret (plaintiff) filed a claim against Owens-Corning Fiberglas (OCF) and other manufacturers of asbestos-containing products, seeking damages allegedly arising from decedent's exposure to asbestos. Prior to trial all defendants were dismissed except OCF. The case proceeded to trial solely on the issues of causation and damages; the jury returned a verdict for OCF. Plaintiff...

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