Montana Supreme Court Orders New Trial on Punitive Damages in Asbestosis Action

HELENA, Mont. - A state court judge presiding over an asbestos personal injury trial in Montana abused his discretion when he allowed W.R. Grace & Co. attorneys to tell jurors that other suits pending against the defendant would have a significant financial impact on the company, the state's high court has ruled. Finstad, et al. v. W.R. Grace & Co., No. 94-444 (Mont. Sup. Ct.).

Ordering a new trial to re-determine the plaintiff's punitive damage award, the Montana Supreme Court found that testimony regarding the 97,000 similar cases pending against the company nationwide is irrelevant and should not have been …