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HIGGINS v. OWENS-CORNING FIBERGLAS

282 N.J. Super. 600 (1995)

660 A.2d 1252

JOHN C. HIGGINS, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. OWENS-CORNING FIBERGLAS CORPORATION, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND OWENS-ILLINOIS, INC.; GAF CORPORATION, IN ITSELF AND AS SUCCESSOR TO RUBEROID CORPORATION; RAYMARK INDUSTRIES, INC., SUCCESSOR TO RAYBESTOS MANHATTAN, INC.; KEENE CORPORATION, IN ITSELF AND AS SUCCESSOR TO BALDWIN-EHRET HILL, INC.; CELOTEX CORPORATION, IN ITSELF AND AS SUCCESSOR TO PHILIP CAREY MFG. CO.; EAGLE-PICHER INDUSTRIES, INC.; FIBRE-BOARD CORPORATION; PITTSBURGH CORNING CORP., IN ITSELF AND AS SUCCESSOR TO UNARCO; H.K. PORTER COMPANY; ROCK WOOL MANUFACTURING COMPANY; SOUTHERN TEXTILE CO., FORMERLY SOUTHERN ASBESTOS CO.; GARLOCK, INC.; FLEXITALLIC GASKET CO.; J.W. ROBERTS, LTD., A DIVISION OF TURNER & NEWALL, LTD.; JOHN DOE CORPORATIONS (1-50), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1995.

Attorney(s) appearing for the Case

Joshua M. Spielberg argued the cause for appellant (Tomar, Simonoff, Adourian & O'Brien, attorneys; Mr. Spielberg, of counsel and on the brief).

Frederick E. Blakelock argued the cause for respondent (Tucker, Biegel & Goldstein, attorneys; Mr. Blakelock, of counsel and on the brief).

Before VILLANUEVA, WEFING and BRAITHWAITE, JJ.

The opinion of the court was delivered by VILLANUEVA, J.A.D.

Plaintiff appeals from the judgment which resulted from a molded verdict of $81,000 solely against defendant Owens-Corning Fiberglas Corporation (defendant or Owens-Corning Fiberglas), in which a non party, National Gypsum Company (National Gypsum) was placed on the jury verdict sheet and attributed the largest percentage of liability for plaintiff's asbestosis. Owens-Corning Fiberglas cross appeals from...

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