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Products Liability Keyed Owen, 8th Ed.
Promaulayko v. Johns Manville Sales Corporation
Citation:
562 A.2d 202 (1989)Facts
John Promaulayko worked for Ruberoid Corporation from 1934 to 1978 and contracted asbestosis during this period. Ruberoid purchased asbestos from several suppliers, including Leonard J. Buck, Inc. (Buck). Buck had purchased Soviet asbestos from Amtorg Trading Corporation, which served as an agent for Soviet business interests. The asbestos was packaged in 100-pound bags without warnings about the dangers of asbestosis. The jury determined that Amtorg had supplied all of the Soviet asbestos that caused Promaulayko’s injuries. After Promaulayko’s death, his wife instituted wrongful death and survivor’s actions. The jury dismissed the wrongful death claim but awarded $60,000 to Promaulayko’s estate and $40,000 to his wife on her per quod claim. The jury allocated fault as 25% to Buck, 10% to Amtorg, and 65% to Asbestos Corporation Ltd.
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