Kelly v. GAF Corp.

MEMORANDUM AND ORDER

DITTER, District Judge.

This case comes before the court on plaintiffs’ motion for a new trial, the jury having found in favor of the defendants. Although plaintiffs advanced several reasons in support of their motion, only one need be considered as it shows a new trial is required. Specifically, plaintiffs contend and I agree that the tactics of defense counsel were such that the jury’s verdict was not based on a full and fair consideration of the evidence.

This is an asbestos case. Plaintiff, John E. Kelly, is 39 years of age. For most of his working life, he was employed…