Kearney v. Brakegate, Ltd.

In 1989 Robert Kearney (decedent) and his wife Margaret (plaintiff) filed a claim against Owens-Corning Fiberglas (OCF) and other manufacturers of asbestos-containing products, seeking damages allegedly arising from decedent’s exposure to asbestos. Prior to trial all defendants were dismissed except OCF. The case proceeded to trial solely on the issues of causation and damages; the jury returned a verdict for OCF. Plaintiff appeals, contending the trial court erred in refusing her request to call OCF’s corporate medical director, Jon Konzen, M.D., as a rebuttal witness, and erred in refusing…