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Ripa v. Owens-Corning Fiberglas Corp.6/5/1995 ecessary to test the end-user facilities.
The second set of depositions concerning those years was from John Thomas, the president and chief operating officer of Owens-Corning from 1965 to 1970, who had worked in various executive positions from 1939 to 1949 and then was with a textile fiber division until 1959. He knew nothing of the Saranac study and merely testified that Owens-Illinois and Owens-Corning worked together on Kaylo during the 1950's. He had no specific knowledge of Kaylo.
The jury returned a verdict pursuant to detailed interrogatories, which we quote in relevant part:
Which, if any, of the following companies were a substantial contributory cause to Mr. Ripa's asbestos-related injury ?
Also indicate the percentage of liability attributable to each company whose product was a substantial contributing cause, taking the total percentage to be 100%, if able to do so based on the evidence.
Substantial Percentage
Contributory Responsibility
Cause
Keene Corporation x Yes 10% (unanimous)
(Ehret Magnesia, Baldwin
Hill, Baldwin, Ehret Hill)
Owens-Illinois, Inc. x Yes 45% (unanimous)
(Kaylor Manufacturer)
Owens-Corning Fiberglass x Yes 45% (unanimous)
Corporation (Kaylo Disbributor)
GAF Corporation (Ruberoid) x No
TOTAL 100%
1. Did Peter Ripa have an asbestos-related injury ?
(not including mesothelioma)? x Yes
(unanimous)
(If yes, go on to Number 2: If no go on to number 4)
2. What amount of money, if any, fairly and adequately
compensates the estate of Peter Ripa for damages caused
by his asbestos-related injury ?
(not including mesothelioma). $135,000
(unanimous)
(Go on to Number 3)
3. What amount of money, if any, fairly and
adequately compensates Pauline Ripa for her
loss of consortium resulting from her
husband's asbestos-related injury ?
(not including mesothelioma). $150,000
(unanimous)
(Go on to Number 4)
4. What amount of money fairly and adequately
compensates the estate of Peter Ripa for the
damages caused by his mesothelioma?
$500,000
(unanimous)
(Go on to Number 5)
5. Do you find that Peter Ripa's asbestos-related
injury , if any, (not including mesothelioma) in
the end of 1989 and thereafter was a substantial
contributing factor to his disability? x Yes
(unanimous)
(If no go on to Number 6; If yes go on to Number 7)
6. What amount of money fairly and adequately
compensates Pauline Ripa for the loss of disability
benefits (from September 1992 until
April 19, 1993)? $
(Go on to Number 7)
7(a) What amount of money fairly and adequately
compensates Pauline Ripa for her losses resulting
from the death of Peter Ripa? $325,000
(unanimous)
7(b) What amount of money fairly and adequately
compensates Pauline Ripa for funeral bills? $7120.98
Defendant raises four principal points concerning the compensatory damages award and six points with several subpoints concerning the punitive damages award.
I
Defendant first claims that plaintiff's settlement with the
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