Jack P. Racich and Gertrude C. Racich v. The Celotex Corporation

FEINBERG, Circuit Judge:

The Celotex Corporation appeals from a judgment against it in favor of plaintiff Jack P. Racich, after a jury trial before Eugene H. Nickerson, J., in the United States District Court for the Eastern District of New York, and from an order denying Celotex’s motion for judgment notwithstanding the verdict. The jury awarded plaintiff both compensatory damages and punitive damages but denied recovery for co-plaintiff Gertrude C. Racich, wife of Jack. (For convenience, we will refer hereafter only to Jack P. Racich as plaintiff.) Appellant Celotex contends that the trial…