Cimino v. Raymark Industries, Inc.
United States Court of Appeals for the Fifth Circuit
151 F.3d 297 (1998)
Over 2,000 plaintiffs (plaintiffs) exposed to asbestos at different jobs and worksites sued Pittsburgh Corning and other manufacturers (defendants) for products liability. The district court sorted claims into five disease categories, tried 160 statistically representative sample cases to verdict, and planned to extrapolate the average damages from each disease category's sample verdicts to all remaining claims in that category, while Pittsburgh Corning had stipulated to a 10% comparative liability share but reserved the right to challenge the trial plan itself. Pittsburgh Corning appealed the sample verdicts and the extrapolation plan.
Whether, under products-liability law, causation and damages must be established as to each individual plaintiff.