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EMERY v. OWENS-CORPORATION

No. 2000 CA 2144.

813 So.2d 441 (2001)

Morris EMERY and Emma Sylvester-Emery; Clifford Wayne Bendily and Mary Agnes Bendily; John Carl Meyers and Alvie Eloise Meyers; Joe O'Connor and Ollie Ruth O'Connor; and Leonise Rodrique Villnerve v. OWENS-CORPORATION; Pittsburgh Corning Corporation; Garlock, Inc.; Crown Cork and Seal Company, Inc.; Rock Wool Manufacturing Company; M.H. Detrick Company; Exxon Corporation, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 28, 2002.

Writ Denied May 10, 2002.

Attorney(s) appearing for the Case

Brent M. Rosenthal, Misty A. Farris, Dallas, TX, Counsel for Plaintiffs/Appellees Clifford Wayne Bendily and Mary Agnes Bendily.

Lawrence G. Gettys, J.J. McKernan, Gary A. Bezet, Baton Rouge, Counsel for Defendant/Appellant Exxon Mobil Corporation.

Before: KUHN, DOWNING and CIACCIO, JJ.

KUHN, J.

Defendant-appellant, Exxon Mobil Corporation (Exxon), appeals the trial court's judgment, awarding to plaintiffs-appellees, Clifford "Wayne" Bendily and his wife, Mary, damages they sustained from an asbestos-related injury. We conclude the trial judge erred by allowing the jury to express a determination of the percentage of fault of each joint tortfeasor. Because we conclude on appeal that four tortfeasors are...

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