Owens Corning Fiberglas Corp. v. Parrish

Parrish and Coyle sought damages from asbestos-manufacturer Owens Corning Fiberglas Corporation ("Owens Corning"), after they allegedly contracted asbestosis, a respiratory disease caused by the inhalation of asbestos fibers. But, while Appellees sought recovery only for their alleged asbestosis, the trial court allowed the jury to consider Appellees smoking histories in determining their comparative fault. The jury consequently allocated fifty (50%) percent of the total fault to each Appellee. Since smoking was a separate cause of harm to Appellees, were these comparative fault instructions appropriate? Because the evidence showed that Appellees inhalation of asbestos fibers and their smoking combined to produce a single indivisible harm - lung impairment and shortness of breath -we hold that the trial court properly allowed the jury to determine Appellees comparative fault.