CERTAINTEED CORP. v. DEXTER

No. 2008-SC-000886-DG.

330 S.W.3d 64 (2010)

CERTAINTEED CORPORATION, Appellant, v. Ava Nell DEXTER, Individually; and James M. Dexter, Executor of the Estate of James G. Dexter, Appellees.

Supreme Court of Kentucky.

December 16, 2010.


Attorney(s) appearing for the Case

Lisa Devillez Carter , Owen Carter & Carter, Benton, KY, Elizabeth Runyan Geise , William F. Sheehan , Goodwin Proctor LLP, Washington, DC, David C. Marshall , Eric Allen Ludwig , Hawkins & Parnell LLP, Atlanta, GA, Counsel for Appellant, Certainteed Corporation.

Kenneth L. Sales , John Robert Shelton , Joseph Donald Satterley , Sales Tillman Wallbaum Catlett & Satterley, Louisville, KY, Counsel for Appellees, Ava Nell Dexter , Individually, and James M. Dexter , Executor of the Estate of James G. Dexter .


Opinion of the Court by Justice NOBLE.

This case involves an asbestos-related products liability and negligence suit against nineteen corporate defendants. Only two defendants proceeded to trial; the others either settled or won summary judgment motions, and thus had become empty-chair defendants when the case went to trial. At the first trial, the jury returned a verdict in favor of the plaintiff, but apportioned no fault to any of the empty-chair defendants. The...

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