LaGueux v. Union Carbide Corporation
Florida District Court of Appeal
861 So. 2d 87 (2003)
- Written by Katrina Sumner, JD
Facts
Yves LaGueux (plaintiff) filed a suit for negligence and strict liability against Union Carbide Corporation (defendant) regarding exposure to asbestos. A jury ruled in LaGueux’s favor against Union Carbide but apportioned 70 percent of the damages to three companies that were not parties to the litigation: Georgia-Pacific, Johns-Manville, Inc., and Phillip Carey, Inc. The jury was provided with information that Georgia-Pacific had utilized asbestos from Johns-Manville and Phillip Carey at the time that it utilized asbestos from Union Carbide. However, Union Carbide did not provide information regarding a specific time frame or the amount of asbestos that Georgia-Pacific used from Union Carbide versus from Johns-Manville and Phillip Carey, which would have enabled the jury to determine the likelihood of harm from each product and the percentage of fault of these two nonparties without guessing. Nevertheless, the jury received instructions on Johns-Manville and Phillip Carey, and their names were added to the jury’s verdict form. LaGueux appealed. Ten percent of the fault was apportioned to Georgia-Pacific, which LaGueux did not appeal.
Rule of Law
Issue
Holding and Reasoning (Gross, J.)
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