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Owens-Corning v. Martin3/14/1997
Owens-Corning Fiberglas Corporation appeals a jury verdict awarding damages to appellees for personal injury , wrongful death, and loss of consortium arising out of appellees' exposure to asbestos-containing products manufactured by Owens-Corning. Over Owens-Corning's objection, the trial court consolidated eighteen cases for trial. In three points of error, Owens-Corning asserts the trial court erred: (1) in consolidating the cases for trial; (2) by not following the Alabama unanimous verdict rule; and (3) by submitting an erroneous definition of negligence to the jury. We affirm the trial court's judgment.
PROCEDURAL BACKGROUND
The trial court originally consolidated over ninety-six asbestos personal injury cases; however, by trial only eighteen cases remained against a single defendant, Owens-Corning. Twelve of the claimants, Johnnie Martin, James McCarty, John McCollum, Manning Mitchell, Lowell Moore, Ollie Underwood, Sr., Willard Givens, Robert Harrison, Jr., Dan Green, Willie Wright, Lee Allen, and Clifton Reid, alleged injuries arising out of their on-the-job exposure to Kaylo, an asbestos-containing product manufactured by Owens-Corning. All twelve workers alleged "bystander exposure" to Kaylo, meaning they did not work with Kaylo directly, but were exposed to the Kaylo dust. Two of the workers, Givens and Green, were deceased at the time of trial. Givens died of lung cancer allegedly caused by his exposure to asbestos fibers. Green died from a medical condition unrelated to his asbestos exposure. The other six claimants, Juanita Martin, Vada McCarty, Jane McCollum, Winona Moore, Emogene Harrison, and Selma Reid, claimed damages for loss of consortium as a result of their spouses' illnesses.
On the morning of trial, Owens-Corning orally objected to the consolidation of the eighteen cases for trial. Owens-Corning argued that consolidation would result in jury confusion and prejudice and would, therefore, deprive Owens-Corning of a fair trial. Owens-Corning specifically objected to the consolidation of the lung cancer death case with the noncancer cases. The trial court overruled the objection to consolidation and proceeded to hear the cases together.
The trial lasted more than two weeks. Claimants Wright, Green, and Givens settled after three days of testimony. However, Mrs. Givens had previously testified about her husband's painful death from lung cancer and its effect on her life. The trial court announced that these three cases would no longer be before the jury and instructed the jury as follows:
"Now in connection with [the Wright, Green, and Givens cases], you are not to speculate as to why the cases are not before you any more, nor are you to consider any of the testimony that relates specifically to those cases in your consideration and deliberation on the remaining cases."
After the parties presented all the evidence, the trial court charged the jury on negligence and products liability. After deliberation, the jury returned a ten-to-two verdict against Owens-Corning awarding compensatory damages to the nine remaining claimants. The damage awards ranged from $50,000 to $480,000. However, the jury did not award any exemplary damages against Owens-Corning.
CONSOLIDATION
In its first point of error, Owens-Corning contends the trial court abused its discretion in consolidating the eighteen cases for trial because (1) the cases did not share common questions of law and fact and (2) the consolidation prejudiced Owens-Corning.
A. Standard of Review
We review the trial court's decision to consolidate under an abuse of discretion standard. See Lone Star Ford, Inc
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