Carota v. Johns Manville Corp.

Carota v. Johns Manville Corp.
893 F.2d 448
C.A.1 (Mass.),1990.

The United States District Court for the District of Massachusetts, Walter Jay Skinner, J., entered judgment in favor of the widow in a wrongful death case against an asbestos product manufacturer, and the widow appealed. The Court of Appeals, Torruella, Circuit Judge, held that Massachusetts law requiring jury to consider settlements in making an award of damages was substantive and applied in diversity action and therefore evidence that widow has settled out-of-court with some defendants was admissible on issue of damages in asbestosis case.
Affirmed.

Leonard F. Zandrow, Jr., with whom Richard L. Neumeier, Thomas P. O'Reilly, Janet L. Maloof, and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for defendants, appellees.

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