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Ripa v. Owens-Corning Fiberglas Corp.6/5/1995
17 (N.J.R.E. 601).
The other problems relating to Thomas' testimony concern challenges involving his opinion of warnings. The thrust of these questions related to a period after decedent's exposure and also clearly reflected Thomas' personal views which the trial court believed was relevant for the 1940's and 1950's as well as the 1960's. The admission of this testimony was at best questionable, but if there had not been the error in the admission of the Saranac documents, we would have found the Thomas testimony to be harmless error. R. 2:10-2.
VI
To recapitulate, we determine that the admission of the Saranac documents without either a proper foundation or a proper jury charge was error that had a potentially harmful effect on the quantum of punitive damages. The issue of the documentation contained within the "financial condition" of a defendant needs further definition by the Supreme Court or the Legislature, and we are bound by the prior definitions in Fischer v. Johns-Manville Corp., supra and Herman v. Sunshine Chem. Specialties, Inc., supra until this issue is resolved. The compensatory damages against Owens-Corning should have been limited to thirty percent of the total compensatory award for the mesothelioma.
Reversed and remanded for a new trial on the issue of punitive damages. The compensatory damages shall be recomputed to reflect a thirty percent responsibility against Owens-Corning. The judgment is otherwise affirmed.
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