BARILE v. 3M COMPANY, INC.

No. A-0092-11T2, A-0141-11T2.

MARY O. BARILE, individually and as Executrix of the Estate of her Husband WALTER J. BARILE, Plaintiff-Respondent/Cross-Appellant, v. 3M COMPANY, INC., a/k/a MINNESOTA MINING 7 MANUFACTURING COMPANY, ALFA LAVAL, INC., individually and as successor to, and previously known as Alfa-Laval AB, Alfa-Laval Thermal Co., and DeLaval Separator Company, ASBESTOS CORPORATION LIMITED, individually and as successor to Johnson's Company, AMERICAN OPTICAL CORPORATION, CBS CORPORATION, a Delaware Corporation, f/k/a Viacom Inc., f/k/a Westinghouse Electric Corporation, CERTAINTEED CORPORATION, formerly CertainTeed Products Corp., individually and as successor to Keasbey & Mattison Company, CHICAGO BRIDGE & IRON COMPANY, CLEAVER BROOKS, INC., CRANE PUMPS AND SYSTEMS, INC., individually, and as successor to and d/b/a Crane Valves, E.I. DUPONT DE NEMOURS AND COMPANY, FLUOR DANIEL SERVICES CORPORATION, GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INC., GRINNELL CORPORATION, IMO INDUSTRIES INC., as successor to and formerly known as DeLaval Turbine, Transamerica DeLaval, and IMO DeLaval, ITT INDUSTRIES INC., individually and as successor to Bell & Gossett and Grinnell Corporation, JOHN W. WALLACE & CO., THE M.W. KELLOGG COMPANY, RAPID AMERICAN CORP., individually and as successor to the Celotex Corp., Philip Carey Manufacturing Co., Philip Carey Company, Inc., XPRU Corp., Briggs Manufacturing Company, Panacon Corporation, Smith & Kenzle, Inc., and Quebec Asbestos Corp., Ltd., RESCO HOLDINGS, INC., ROBERT A. KEASBEY COMPANY, SANTA FE BRAUN, INC., SCHIAVONE-BONOMO CORPORATION, SEQUOIA VENTURES, individually and as successor to Bechtel Corp., STATE INSULATION CORP., UNION CARBIDE CORPORATION, Division of the Dow Chemical Company, WESTINGHOUSE ELECTRIC CORP., Defendants, and FOSTER WHEELER, L.L.C., f/k/a Foster Wheeler Corporation, Defendant-Appellant/Cross-Respondent, and EXXON MOBIL, individually and as successor-in-interest to Mobil Oil Co., and as successor-in-interest to Exxon Corporation, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 2013.


Attorney(s) appearing for the Case

Christopher J. Keale argued the cause for appellant/cross-respondent Foster Wheeler, L.L.C. (Sedgwick L.L.P., attorneys; Michael A. Tanenbaum , of counsel and on the brief; Mr. Keale, on the brief).

Gonen Haklay argued the cause for respondent/cross-appellant Mary O. Barile (Cohen, Placitella & Roth, P.C., attorneys; Mr. Haklay, William L. Kuzmin and Rayna E. Kessler , on the brief).

Joseph P. LaSala argued the cause for respondent Exxon Mobil (McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., attorneys; Mr. LaSala, of counsel; Nancy McDonald , Michelle Hydrusko , and Gabriel Ferstendig , on the brief).

Before Judges Graves, Ashrafi and Espinosa.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Following trial in this mesothelioma case, defendant Foster Wheeler, L.L.C., appeals from the jury's verdict awarding $1,776,892 in damages to plaintiff. The jury found Foster Wheeler strictly liable for failing to warn workers about the dangers of asbestos when they were repairing a large customized boiler Foster Wheeler had manufactured specifically for defendant Exxon Mobil...

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