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ROBERTS v. OWENS-CORNING FIBERGLAS CORP.

No. 2003 CA 0248.

878 So.2d 631 (2004)

Wesley ROBERTS, Jr. and Annie Matt Roberts v. OWENS-CORNING FIBERGLAS CORP., Pittsburgh Corning Corp., Owens-Illinois, Inc., Owens-Illinois Glass Co., Garlock, Inc., Crown Cork & Seal Co., Inc., Rock Wool Manufacturing Co., M.H. Detrick Co., Riley Stoker Corp., Metropolitan Life Ins. Co., Foster Wheeler Energy Corp., W.R. Grace & Co.-Conn., The Anchor Packing Co., North American Refractories Co., General Refractories Co., Kaiser Aluminum & Chemical Corp., Proko Industries, Inc., Synkoloid, Georgia-Pacific Corp., Minnesota Mining and Manufacturing Co., U.S. Miner Products Co., The Flintkote Co., Asten Group, Inc., Indresco, Inc., Uniroyal Holding, Inc., Kelly-Moore Paint Co., and the McCarty Corporation.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 28, 2004.

Attorney(s) appearing for the Case

Rick Nemeroff, Kevin McHargue, Dallas, TX, Lawrence Gettys, Joseph McKernan, Baton Rouge, Counsel for Plaintiff/Appellee Wesley Roberts, Jr.

Gary A. Bezet, Carol L. Galloway, Baton Rouge, Counsel for Defendant/Appellant Exxon Corporation.

Before: PETTIGREW, DOWNING and McCLENDON, JJ.

DOWNING, J.

Exxon Mobil Corporation (Exxon) appeals two judgments notwithstanding the verdict (JNOVs) in which it was held liable for survival damages for Mr. Wesley Roberts, Jr., and for wrongful death damages to his wife and successors arising from his development of mesothelioma after being exposed to asbestos at an Exxon site. Mr. Roberts' wife and successors (collectively, "Roberts") answer the appeal alleging that the proper judgment failed to reflect Exxon...

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