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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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