Martin v. Johns-Manville Corp.

SPAETH, Judge:

This is an asbestosis case. It is before us on remand from the Supreme Court of Pennsylvania. We had reversed the trial court’s order denying appellant’s post-trial motions and had ordered a new trial on damages. Martin v. Johns-Manville Corp., 322 Pa.Super. 348, 469 A.2d 655 (1983). The Supreme Court reversed and remanded with instructions that we consider an issue that we had found it unnecessary to decide: Whether the trial court erred in instructing the jury that it could reduce any award of damages for appellant’s disability by the percentage of his disability due to…