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OWENS CORNING FIBERGLASS CORP. v. COBB

No. 49S04-0001-CV-00033.

754 N.E.2d 905 (2001)

OWENS CORNING FIBERGLASS CORP., Appellant/Cross-Appellee (Defendant below), v. David COBB and Melissa Hinds, As Personal Representatives of the Estate of Kenneth Cobb, Deceased.

Supreme Court of Indiana.

September 10, 2001.

Attorney(s) appearing for the Case

George E. Purdy, George T. Patton, Stephanie F. Holtzlander, J. Taggart Birge, Bose, McKinney, & Evans, Indianapolis, IN, Attorneys for Appellant/Cross-Appellee.

Julie Blackwell Gelinas, Nelson D. Alexander, T. Joseph Alexander, Lock, Reynolds, Boyd, & Weisell, Indianapolis, IN, James D. Johnson, Mattingly, Rudolph, Fine, & Porter, LLP, Evansville, IN, Attorneys for Amicus Curiae, Defense Trial Counsel of Indiana.

Nancy G. Endsley, Landman & Beatty, Indianapolis, IN, Linda George, W. Russell Sipes, Laudig, George, Rutherford, & Sipes, Allard A. Allston, III, Timothy Eble, Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, Attorneys for Appellees/Cross-Appellants.

James O. McDonald, Everett, Everett, & McDonald, Max E. Goodwin, Hansford C. Mann, Bruce D. Aukermann, Mann Law Firm, Terre Haute, IN, Attorneys for Amicus Curiae, Indiana Trial Lawyers Association.

William R. Groth, Fillenwarth, Dennerline, Groth, & Towe, Indianapolis, IN, Attorney for Amicus Curiae, Indiana State AFL-CIO.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

A jury awarded plaintiff Kenneth Cobb damages, finding that asbestos manufactured by Owens Corning caused him serious illness. We find that there was sufficient evidence of exposure to Owens Corning's asbestos to permit Cobb to present his case to the jury. But we reverse the jury award because the trial court incorrectly prohibited Owens Corning from presenting evidence that at least one other "nonparty" manufacturer...

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