Conwed Corporation, Cross-Appellee/appellant v. Union Carbide Corporation, Cross-Appellant/appellee

COLLOTON, Circuit Judge.

Conwed Corporation appeals the district court’s application of comparative fault to reduce Conwed’s jury-awarded damages in its subrogation action to recover workers’ compensation benefits paid and payable to its employees. Union Carbide cross-appeals, claiming that the action was collaterally estopped, and that the court incorrectly included certain damages and erroneously dismissed its counterclaim for equitable contribution. We affirm in all but one respect.

I

Conwed used asbestos purchased from Union Carbide to manufacture ceiling tiles. Employees of Conwed, a…