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Andaloro v. Armstrong World Industries, Inc.

Trial court erred by applying pro rata, rather than pro tanto, setoff for unresolved claims against Manville Personal Injury Settlement Trust in multi-defendant asbestos litigation.

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OPINION

� 1 This matter is before the Court on cross-appeals from judgments entered for the plaintiffs in five asbestos cases consolidated for trial. The respective plaintiffs, Charlotte Andaloro, James J. and Francis L. Greenhalgh, Edward C. and Doris Burkett, Ralph and Elizabeth Swan, and Harold and Marion Ruby (collectively “Plaintiffs”), assert that the trial court erred in molding the verdict to reflect the appropriate pro rata distribution of liability between the numerous defendants. Defendant and cross-appellant John Crane, Inc. contends that the court erred in refusing to enter judgment notwithstanding the verdict on the basis that Plaintiffs failed to establish exposure to John Crane products and failed to present adequate expert testimony on causation. In the alternative, Crane demands remittitur and raises putative procedural errors, impugning the consolidation of the cases as well as the court’s charge during the liability phase of the trial. For the following reasons, we affirm in part and vacate in part.

� 2 Plaintiffs commenced the underlying actions against the named defendants following medical diagnoses of mesothelioma or asbestosis in each of the plaintiff husbands. Additionally, Plaintiffs filed claims with the Manville Personal Injury Settlement Trust for compensation from Trust assets pursuant to the Trust Distribution Process. See In re Joint Eastern and Southern Districts Asbestos Litigation, 878 F.Supp. 473 (E. & S.D.N.Y. 1995). Prior to trial, one defendant filed for bankruptcy protection and the court dismissed several others from the actions in which they were named. At the commencement of trial, Plaintiffs’ claims against the Trust remained open. The Trust had not reached a settlement with any of the plaintiffs.

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