Justice Martin Shulman
Crane Co. sought a judgment notwithstanding a jury verdict rendered in decedent Peraica’s favor in this products liability suit of $35 million for personal injuries and wrongful death. The jury found Crane 15 percent liable for Peraica contracting, and dying from mesothelioma, an asbestos-related disease, and found crane was reckless in failing to warn of the toxic hazards of asbestos. Crane alleged that its “bare metal” defense—that the boilers at issue Crane manufactured and placed into the stream of commerce contained no asbestos-containing materials—shielded it from any liability for Peraica’s illness and wrongful death. The court disagreed stating the jury properly resolved the duty issue against Crane, finding it was liable for its failure to warn not on the mere possibility that asbestos-containing insulation materials (ACMs) would be used to insulate Crane boilers, but rather on a known probability that Crane meant for its bare metal product to be used with a defective product, even if another manufacturer knew or should have known of its use. Thus, it denied Crane’s post-verdict motion for a judgment of dismissal notwithstanding the verdict as it claimed no legal duty to warn of the hazards of ACMs others manufactured and later applied to its boilers was denied.
