This section contains the nature of the case and procedural background.

This appeal involves the consolidated cases of three shipyard workers, Armstrong (P), Wood (P), and Celozzi (P), and one warehouseman, Stormer (P), who sued Ds that manufactured, installed, or supplied asbestos-containing insulation products. Stormer (P) worked as a stockman for six months in 1942. As part of his job, Stormer (P) sorted and stacked asbestos-containing pipe coverings. He then became a warehouseman, where he worked near pipes covered with asbestos-containing insulation for twenty-eight years. Celozzi (P) was employed as a coppersmith and, as part of his job, Celozzi (P) worked with and near asbestos-containing insulation products in the engine and boiler rooms of ships. Stormer and Celozzi (Ps) presented evidence that they developed pleural plaques and pleural thickening from exposure to asbestos. They also presented evidence that they suffered from asbestosis. Asbestosis is a scarring of the lungs caused by asbestos fibers, which results in shortness of breath and difficulty in breathing. Pleural plaques and pleural thickening result from the scarring of the pleura, the thin membrane that keeps the lungs contained and configured to the chest wall and diaphragm. When asbestos fibers are inhaled into the lungs, they may pierce through the smallest airways into the pleura. The fibers that reach the pleura cause a localized reaction, which results in a deposit of scar tissue. When the scarring of the pleura is localized, it is known simply as a pleural plaque. When the scarring is widespread, it is referred to as pleural thickening. All of the medical experts agreed that pleural plaques and pleural thickening are an alteration of an otherwise healthy pleura. They also agreed that pleural scarring does not constitute any loss or detriment. Ps' two medical experts testified that pleural plaques and pleural thickening do not affect the human body, do not shorten life expectancy, do not cause complications or problems, do not cause pain, and cannot be felt. Ds' three medical experts testified that pleural plaques and pleural thickening have no health significance and do not cause any pain, dysfunction, symptoms, or problems. The trial court instructed: No damages may be awarded solely because of the pleural plaques or pleural thickening. The jury determined that neither Stormer (P) nor Celozzi (P) suffered from asbestosis, and judgment was entered in favor of Ds. Ps appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.