Plaintiff filed a lawsuit against defendants alleging that a baby powder that defendants manufactured or sold contained asbestos and caused her to develop mesothelioma. A jury returned a verdict in favor of plaintiff and defendants appealed. On appeal, defendants argued they were entitled to a remittitur for a portion of the damages connected to a claim brought under the Survival Act, that the trial court erred in its evidentiary rulings, and that two of the defendants should not have been found liable under successor liability principles. One defendant also challenged the constitutionality of the prejudgment interest statute. The appellate court affirmed, finding that the trial court correctly instructed the jury on damages and successor liability, that the trial court’s evidentiary rulings did not deprive defendants of a fair trial, and that section 1303(c) of the Code of Civil Procedure is constitutional. (PUCINSKI, concurring and GAMRATH, concurring in part and dissenting in part)
Illinois Appellate Court
Civil Court
Damages