Bennett v. Owens-Corning Fiberglas Corp.

HOLSTEIN, Judge.

Plaintiff Louise Bennett brought this wrongful death action against defendant Owens-Corning Fiberglas Corporation (OCF). She sought damages for the asbestos related death of her husband, including damages based on aggravating circumstances. § 537.090. 1 Pursuant to the court’s instructions, the jury returned a verdict assessing actual damages of $1,114,000 and damages based on aggravating circumstances at $1,005,000. Because OCF challenges the constitutionality of the statute allowing damages based on aggravating circumstances, this Court has jurisdiction of the appeal. Mo.…