Campolongo v. Celotex Corp.

681 F.Supp. 261 (D.N.J. 1988)

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Nature of the Case

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Facts

Campolongo (P) through his executrix seeks compensatory and punitive damages. P alleged that he was exposed to an array of asbestos products and contracted mesothelioma. By a motion in limine, Celotex (D) moved for severance of strict liability claims which precludes the presentation of evidence directed towards a negligence theory as well as punitive damages. P objected to severance contending under 8(e)(2) that a trial limited to strict liability contravenes the rule and would seriously prejudice his direct case with no benefit to the court. P also contends that allowing severance will alter P’s burden of proof for proximate cause permitting scrutiny of P’s conduct and that of others while precluding an examination of D’s conduct.