McCleary v. Armstrong World Industries, Inc.

REAVLEY, Circuit Judge:

The Celotex Corporation (“Celotex”) suffered an adverse jury verdict and judgment in this products (asbestos) liability action decided under Texas law. Celotex contends that the damages award should be reduced by the percentage of responsibility for plaintiff McCleary’s injuries that the jury assigned to three companies that McCleary previously had dismissed from the suit. Celotex also contends that it could not be liable for punitive damages under the circumstances of this case. Finally, Celotex contends that the trial judge erred in refusing to admit into evidence…