KINSETH v. WEIL-McLAIN

No. 15-0943.

913 N.W.2d 55 (2018)

Shari KINSETH and Ricky Kinseth, Coexecutors of the Estate of Larry Kinseth, Deceased, and Shari Kinseth, Individually, Appellees, v. WEIL-McLAIN, Appellant, and State of Iowa ex rel. Civil Reparations Trust Fund, Intervenor-Appellee.

Supreme Court of Iowa.

Filed June 1, 2018.


Attorney(s) appearing for the Case

Richard C. Godfrey, P.C. , Scott W. Fowkes, P.C. , Howard M. Kaplan and Ryan J. Moorman of Kirkland & Ellis LLP, Chicago, Illinois; William R. Hughes Jr. and Robert M. Livingston of Stuart Tinley Law Firm, LLP, Council Bluffs; and Edward J. McCambridge and Jason P. Eckerly of Segal McCambridge Singer & Mahoney, Chicago, Illinois, for appellant.

Misty A. Farris , Lisa W. Shirley , David C. Greenstone , Jay E. Stuemke , and Kevin W. Paul of Simon Greenstone Panatier Bartlett, PC, Dallas, Texas; and James H. Cook of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellees.

Thomas J. Miller , Attorney General, and Richard E. Mull , Assistant Attorney General, for intervenor-appellee.


In this case, we are called upon to review numerous issues that arose during litigation between the estate of Larry Kinseth, who passed away from mesothelioma, and Weil-McLain, a boiler manufacturer whose products exposed Kinseth to asbestos. After several pretrial rulings and a nearly four-week trial, the jury awarded the estate...

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