Legal Opinion

Shari Kinseth and Ricky Kinseth, Coexecutors of the Estate of Larry Kinseth, and Shari Kinseth Individually v. Weil-McLain and State of Iowa ex rel. Civil Reparations Trust Fund

Supreme Court of Iowa

Decided June 1, 2018No. 15-0943PublishedCited by 42 opinions

1Opinion of the Court

CADY, Chief Justice.

*62 In this case, we are called upon to review numerous issues that arose during litigation between the estate of Larry Kinseth, who passed away from mesothelioma, and Weil-McLain, a boiler manufacturer whose products exposed Kinseth to asbestos. After several pretrial rulings and a nearly four-week trial, the jury awarded the estate $4 million in compensatory damages and $2.5 million in punitive damages. Weil-McLain subsequently filed a motion for a new trial and a motion for judgment notwithstanding the verdict. The district court denied both motions, and Weil-McLain…

2Cases cited28 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Brenda J. Alcala v. Marriott International, Inc. and Courtyard Management Corporation D/B/A Quad Cities Courtyard by MarriottSupreme Court of Iowa · 2016
  3. State of Iowa v. Kelvin Plain Sr.Supreme Court of Iowa · 2017
  4. Hose v. Chicago Northwestern Transportation Co.Court of Appeals for the Eighth Circuit · 1995
  5. Ranes v. Adams Laboratories, Inc.Supreme Court of Iowa · 2010

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3Cited by42 opinions

  1. Matthew D. Vacca, Respondent/Cross-Appellant v. Missouri Department of Labor and Industrial Relations, Division of Workers' Compensation, and Brian May, Appellants/Cross-Respondents.Supreme Court of Missouri · 2019
  2. Lori Nicholson v. Biomet, Inc.Court of Appeals for the Eighth Circuit · 2022
  3. Benjamin G. Trane v. State of IowaSupreme Court of Iowa · 2025
  4. Bradley A. Chicoine, D.C. Dr. Bradley A. Chicoine, P.C. Mark A. Niles, D.C. Niles Chiropractic, Inc. and Rod R. Rebarcak, D.C., on behalf of themselves and those like situated v. Wellmark, Inc. d/b/a Wellmark Blue Cross and Blue Shield of Iowa and Wellmark Health Plan of Iowa, Inc.Supreme Court of Iowa · 2024
  5. Brenda J. Alcala v. Marriott International, Inc. and Courtyard Management Corporation d/b/a Quad Cities Courtyard Management CorporationCourt of Appeals of Iowa · 2019

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