Johnstone v. American Oil Co.

E. GRADY JOLLY, Circuit Judge:

Daniel Johnstone, a Jones Act seaman, died of mesothelioma caused by his exposure to asbestos. Although the jury found that the utility of Keene Corporation’s asbestos insulation outweighed its risks, the magistrate judge entered judgment notwithstanding the verdict on the ground that Keene’s evidence of the utility of its products was irrelevant. Keene appeals from the JNOV and from the allocation of proceeds from the plaintiffs’ settlements with other defendants. The plaintiffs cross-appeal from the allocation of settlement proceeds. We REVERSE the judgment…