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Remedies Keyed to Tabb, 8th
W.R. Grace & Co. v. Waters
Citation:
638 So. 2d 502 (1994)Facts
Thomas Waters worked as a tile setter from the late 1950s until 1988 and developed asbestosis allegedly from exposure to Grace’s asbestos-containing products at various job sites. Waters and his wife filed suit against several asbestos manufacturers including Grace, seeking both compensatory and punitive damages. Prior to trial, Grace moved for summary judgment on punitive damages, arguing its conduct did not warrant punishment, that prior punitive awards in other jurisdictions precluded additional awards under the trial court’s “standard ruling,” and that successive awards violated due process. The trial court granted the motion based on the standard ruling. The jury found Grace fifty percent liable, a codefendant forty percent liable, and Waters ten percent comparatively negligent, awarding compensatory damages accordingly.
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