Clayton Center Associates v. W.R. Grace & Co.

GRIMM, Judge.

Plaintiffs are the owners of an office building constructed in 1971-73. During its construction, defendant’s fireproofing product, which contained asbestos, was installed in the budding. At trial, plaintiffs contended that the fireproofing contaminated the building, necessitating the product’s removal. A jury agreed and awarded plaintiffs both compensatory and punitive damages.

The trial court denied defendant’s motion for new trial, but granted its motion for JNOV on the punitive damages award. Defendant appeals the denial of its motion for new trial, raising six points of error.…