Welch v. Keene Corporation
575 N.E.2d 766 Prod.Liab.Rep. (CCH) P 13,020 (Cite as: 31 Mass.App.Ct. 157, 575 N.E.2d 766)
Appeals Court of Massachusetts, Norfolk.
John F. WELCH
KEENE CORPORATION et al. [FN1]
FN1. Owens-Illinois, Inc. Of the thirteen defendants named in the original and amended complaint, Welch waived or settled his claims against all manufacturers except Keene Corporation, Owens-Illinois, Inc., Eagle- Picher Industries, Inc., Owens-Corning Fibre Glass, Inc., H.K. Porter Company, The Celotex Corporation, and Fibreboard Corporation. After trial, Eagle Picher and Owens-Coming entered into postjudgment settlements with Welch. Porter and Celotex, having filed for protection under c. 11 of the Federal Bankruptcy Act, 11 U.S.C. ~ 105(a), 1101 et seq. (1988), obtained stays of their appeals. Keene was the successor to the "Baldwin-Hill" company. For the purposes of this case, Keene stipulated that it was liable for any damages found to be caused by Baldwin-Hill products.
Argued March 20, 1991.
Decided Aug. 5, 1991.
Further Appellate Review Denied Sept. 26, 1991.
The Superior Court Department, Norfolk County, James P. Lynch, Jr., 1., entered judgment on jury verdict for insulator, and manufacturers appealed. The Appeals Court, Greenberg, J., held that: (1) evidence was sufficient to support verdict, and (2) insulator's expert testimony was admissible.
Richard L. Neumeier, Thomas P. O'Reilly, Leonard F. Zandrow, Jr., and Janet L. Maloof, Boston, for The Celotex Corp., submitted a brief.
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