Nature of the Case
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Facts
Martin McPadden (P) and his wife Anne filed this diversity action for personal injuries he suffered from exposure to asbestos. Martin died. The complaint was amended to substitute Anne as executrix and to add a claim for wrongful death. D was one of 18 companies named as co-defendants. Martin testified that beginning in 1957 while serving in the Navy aboard the U.S.S. Willis A. Lee, he worked as a fireman striker and later as a machinist's mate. Everything in the engine room was covered in insulation that contained asbestos. Among the insulation identified was D's encapsulated asbestos valve packing -- a sealing product used to control or stop leakage from coming up through the shaft of a valve. Martin later worked for Consolidated Edison from 1962 to 1968, first at the Astoria and then at the Ravenswood Powerhouses. Martin testified that he used Crane valve packing at Ravenswood. During the liability trial, P read to the jury the deposition testimony of Vance Vorhees, a former D executive vice president. The following excerpt from Vorhees's 1983 deposition was read to the jury over D's objection:
'Q. Has Crane ever placed any warnings on any other asbestos-containing products--
A. Yes.
Q. --regarding health hazards of asbestos?
A. Yes.
Q. When was the first warning placed on a product or packaging?
A. About two years ago.'
D was found liable and appealed.
Holding and Decision
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Legal Analysis
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