Legal Opinion
Borman v. Raymark Industries, Inc.
Court of Appeals for the Third Circuit
Decided March 30, 1992No. 89-2110PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
In this diversity case involving asbestosis, the district court declined to charge the jury on the apportionment of decedent’s damages between cigarette smoking and asbestos exposure. Because we predict that the Pennsylvania Supreme Court would not find a reasonable basis for apportionment in this case, we will affirm.
I
Richard Borman worked as an insulator at various locations and with various employers from 1956 to 1987, when he became unable to work. During the first thirteen years, he came in daily contact with asbestos products manufactured by…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Kaczkowski v. BolubaszSupreme Court of Pennsylvania · 1980
- McGowan v. University of ScrantonCourt of Appeals for the Third Circuit · 1985
- Corbett v. WeisbandSupreme Court of Pennsylvania · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ayers v. HudsonCourt of Appeals for the Sixth Circuit · 2010
- Jiffy Lube Intern., Inc. v. Weiss Bros., Inc.District Court, D. New Jersey · 1993
- Schreiber v. CammDistrict Court, D. New Jersey · 1994
- Lee v. Pittsburgh Corning Corp.Superior Court of Pennsylvania · 1992
- ProtoComm Corp. v. Novell, Inc.District Court, E.D. Pennsylvania · 1999
8 more not listed; retrieve them via the Exa API.