Court Reverses $15 Mil. Jury Award, Rules Owens Corning
Non-party Defense Was Permittable

INDIANAPOLIS - The Supreme Court of Indiana has reversed a $15 million lung cancer verdict after finding that defendant Owens Corning should have been permitted to identify non-parties before the case was tried before a jury. Owens Corning Fiberglass Corp. v. Cobb, et al., No. 45S04-0001-CV-00033 (Ind. Sup. Ct.).

After granting a petition to transfer and thereby vacating an appeals court decision, the Supreme Court ruled on Sept. 10 that Owens Corning's non-party affirmative defense motion relating to Sid Harvey Industries, an asbestos manufacturer, should have been granted.

Case History

Plaintiff Kenneth Cobb was a pipefitter for 40 years until …