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eBook details

• Title: Charles Hagen v. Celotex Corporation
• Author : Supreme Court of Missouri
• Release Date : January 10, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

The husband and children of Gloria Hagen seek damages for her death in 1981 from mesothelioma, a rare malignant condition
usually associated with exposure to asbestos fibers. 1 See generally Stedman's Medical Dictionary (5th Unabridged Lawyers'
Edition 1982). Her husband, Charles, had been an asbestos worker since the time of their marriage in 1941, and she was constantly
exposed to asbestos dust as she washed his coveralls each Saturday. The defendants concede that asbestos exposure was the
underlying cause of her illness and death, but argue that the plaintiffs have not established that defendants' products directly
contributed to her disease. Twelve asbestos manufacturers were named as defendants but settlements and bankruptcies reduced
the number to three by the time of the trial, at which the jury returned a verdict in favor of the plaintiffs for $2,000,000.
2 Following trial defendant Celotex Corporation was excused from the case after seeking Chapter 11 protection, leaving
only defendants Fibreboard Corporation and Owens-Illinois, Inc., as appellants. The Court of Appeals, Eastern District, reversed
as to Owens-Illinois but affirmed as to Fibreboard, and, as a part of its initial opinion, transferred the case here because
of the importance of the question whether the defendants were entitled to an instructional definition of "unreasonably dangerous."
We stand possessed of the entire case, and now reverse and remand for further proceedings, concluding that points other than
the one highlighted by the court of appeals are dispositive. 1. Submissibility a. As to Owens-Illinois Owens-Illinois was the proprietor of the asbestos-containing insulation product
"Kaylo" until April 30, 1958, when it sold its Kaylo division to Owens-Corning Fiberglass. It has not manufactured or distributed
any product containing asbestos since then. The parties stipulated that Owens-Illinois was not liable for exposure to Kaylo
occurring after May 1, 1958.

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