Rothermel v. Owen Illinois Inc.

KLEIN, J.,

Leland E. Rothermel developed asbestosis and lung cancer and died of a heart attack on October 7, 1988. The defense conceded that asbestos exposure was a substantial contributing factor to his lung cancer. Plaintiff’s expert physician opined that the lung cancer was a substantial contributing factor to Mr. Rothermel’s fatal heart attack.

The non-settling defendants raise three arguments in their post-verdict motions:(1) They complain that the court erred in failing to reduce the verdict to 49 percent of what the jury found, since the court did allow the jury to make an apportionment…