You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Owens-Illinois, Inc. v. Baione

Citations: 642 So. 2d 3; 1994 Fla. App. LEXIS 6413; 1994 WL 316868Docket: No. 93-02802

Court: District Court of Appeal of Florida; July 1, 1994; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, Owens-Illinois, Inc. challenged a final judgment favoring the plaintiff, Dorothy Baione, in an asbestos-related litigation. The primary legal issues involved strict liability in product design and the apportionment of fault among multiple manufacturers under the precedent of Fabre v. Marin. Following a remand, the jury trial resulted in a favorable verdict for Owens-Illinois regarding punitive damages and strict liability for warnings, but awarded damages to Baione on the issue of product design. Owens-Illinois's appeal sought to overturn the trial court's denial of fault apportionment, which was supported by insufficient evidence as determined by precedent in W.R. Grace Co. v. Dougherty. The appellate court affirmed the trial court's decisions, referencing earlier rulings such as Linder v. Combustion Engineering and West v. Caterpillar Tractor Co., and found no merit in additional issues raised by the appellant. Consequently, the final judgment in favor of Baione was upheld, concluding the appellate process with concurrence from the Chief Justice and two other justices.

Legal Issues Addressed

Apportionment of Fault under Fabre v. Marin

Application: The court denied Owens-Illinois's request for the jury to consider fault apportionment, affirming this decision based on the precedent that insufficient evidence was presented to assess fault among multiple manufacturers.

Reasoning: The company contests the trial court's refusal to permit the jury to consider fault apportionment under Fabre v. Marin and seeks review of the strict liability application.

Precedent and Judicial Affirmation

Application: The court's affirmation of the trial court's decision was supported by referencing prior case law, demonstrating adherence to established legal principles in asbestos litigation.

Reasoning: The court affirms based on precedent set in W.R. Grace Co. v. Dougherty, citing insufficient evidence to accurately assess fault among other asbestos product manufacturers.

Strict Liability and Warnings

Application: Owens-Illinois was found not liable under strict liability for failure to warn, as the jury returned a favorable verdict for the company on this issue.

Reasoning: Previously, the case was remanded for trial on strict liability and punitive damages, resulting in a favorable verdict for Owens-Illinois on punitive damages and strict liability related to warnings.

Strict Liability in Product Design

Application: The appellate court upheld the judgment awarding damages for strict liability in product design, indicating a successful claim against Owens-Illinois concerning their asbestos product.

Reasoning: Baione was awarded damages for strict liability regarding product design.