· 5/3/1988
School District of Independence, No. 30 v. U.S. Gypsum Co.
Citations
- 750 S.W.2d 442
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- upholding jury verdict awarding the plaintiffs damages for costs of replacing asbestos ceiling tile and other property due to contamination of the buildings by asbestos under a theory of strict product liability
- \No Missouri case has permitted submission of punitive damage claim in a strict products liability case on the theory that the defendant should have known of a dangerous defect in its product\
- “To make a submissible case for punitive damages, the School District was required to produce evidence that USG had actual knowledge of the product Audicote’s propensity to release asbestos fibers”
- “Even assuming there was no such linking evidence [to the defendant’s product], the [custodian] evidence was admissible ... to show the nature and seriousness of the harm posed by asbestos contamination in the Independence schools”
- duty to prevent contamination by asbestos
Source: CourtListener parenthetical corpus (CC0).
Judges: Pritchard, J., Presiding, and Gaitan and Covington
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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