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DANA COMPANIES, LLC v. CRAWFORD

Nos. 108, 2011, 109, 2011.

35 A.3d 1110 (2011)

DANA COMPANIES, LLC, Defendant Below, Appellant/Cross-Appellee, v. Betty Sue CRAWFORD and Kathy H. Lenzen, as Personal Representatives to the Estate of Elizabeth Henderson, and Betty Sue Crawford, Kathy H. Lenzen, Tammy Blair, Ernest Henderson, Jr., and Bruce Henderson, as surviving children of Elizabeth Henderson, and Tammy Blair, as Independent Executrix of the Estate of Bruce Henderson, Plaintiffs Below, Appellees/Cross-Appellants. Zoom Performance Products, a Trade Name of Perfection Hy-Test Company, Defendant Below, Appellant/Cross-Appellee, v. Betty Sue Crawford and Kathy Lenzen, as Personal Representatives to the Estate of Elizabeth Henderson, Deceased, and Betty Sue Crawford, Kathy H. Lenzen, Tammy Blair, Ernest Henderson, Jr., and Bruce Henderson, as surviving children of Elizabeth Henderson, and Tammy Blair, as Independent Executrix of the Estate of Bruce Henderson, Plaintiffs Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: December 14, 2011.

Attorney(s) appearing for the Case

Beth E. Valocchi and Joseph S. Naylor, Esquires , of Swartz Campbell LLC, Wilmington, Delaware; Of Counsel: William R. Hanlon , Valerie E. Ross (argued), and Jeffrey D. Skinner, Esquires , of Goodwin Procter LLP, Washington, D.C.; for Appellant/Cross-Appellee Dana Companies, LLC.

Timothy Jay Houseal (argued), Jennifer M. Kinkus and William E. Gamgort, Esquires , of Young Conaway Stargatt & Taylor LLP, Wilmington, Delaware; for Appellant/Cross-Appellee Zoom Performance Products.

Joseph J. Rhoades and Stephen T. Morrow, Esquires , of the Law Offices of Joseph J. Rhoades, Wilmington, Delaware; Of Counsel: Jerome H. Block (argued), Amber R. Long and Victoria E. Phillips, Esquires , of Levy Phillips & Konigsberg LLP, New York, New York; for Appellees/Cross-Appellants.

Before HOLLAND, JACOBS and RIDGELY, Justices.

JACOBS, Justice:

Defendants below Dana Companies ("Dana") and Zoom Performance Products ("Zoom") appeal from a Superior Court order denying their post-trial motions for judgment as a matter of law or, alternatively, for a new trial. A Superior Court jury found those defendants partially liable for asbestos-related mesothelioma suffered by the decedents, Bruce Henderson ("Bruce") and his mother, Elizabeth Henderson ("Elizabeth") (collectively, the "Hendersons"). The...

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