Owens Corning Fiberglas Corp. v. Parrish
Kentucky Supreme Court
58 S.W.3d 467 (2001)
- Written by Tanya Munson, JD
Facts
Walter Parrish and James Coyle (plaintiffs) sued Owens Corning Fiberglas Corporation (Owens Corning) (defendant) seeking damages for injuries they claimed to have suffered from asbestos exposure. Parrish and Coyle alleged that they contracted asbestosis after inhaling asbestos fibers from Owens Corning’s products and sought damages for the resulting decreased lung capacity, which manifested in shortness of breath. Lung impairment and shortness of breath can be the result of asbestosis but can be synergized by obstructive pulmonary diseases caused by smoking. Parrish and Coyle regularly smoked tobacco products. It was established that Parrish’s and Coyle’s past smoking may have contributed to their lung impairment. The trial-court jury found that Parrish and Coyle shared the fault for their injuries and allocated 50 percent of the fault to them based on their smoking histories. The court of appeals held that the trial court erred in allowing the jury to consider Parrish’s or Coyle’s smoking histories as comparative fault. The court of appeals reversed and remanded the case.
Rule of Law
Issue
Holding and Reasoning (Keller, J.)
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