Manville Setoff Should Be Applied Pro Tanto, Not Pro Rata, Court Says

PHILADELPHIA - The Pennsylvania Superior Court has ruled that a lower court erred when it failed to calculate the value of the Johns Manville Trust's unliquidated contribution and incorrectly applied a pro rata set-off against the value of damages awarded to several plaintiffs in a multi-defendant asbestos case. Andaloro v. Armstrong World Industries, et al., No. 2002-112 (Pa. Super. Ct.).

The state's appeals court said in a decision April 17 that where the Trust has not settled a plaintiffs' claim prior to the entry of a verdict against other joint tortfeasors, the value of the set-off available to the co-defendants …