Wednesday, December 23, 2009

Amended Opinion, Same Result: Reversal Of $24,170,000.00 Asbestos Judgment Against Honeywell

On October 28, 2009, the Third District released an opinion reversing a $24,170,000.00 against Honeywell.  The original opinion was discussed HERE.  Today, the original opinion was withdrawn and a new opinion in Honeywell International, Inc. v. Guilder (3D08-1747).  The new opinion reaches the same result, the judgment was reversed.
On appeal, among others errors, Honeywell asserts the trial court erred in: (1) admitting the irrelevant, highly prejudicial letter; (2) excluding Fabre defendants from the verdict form; and (3) awarding Guilder’s children loss of parental consortium. Honeywell further asserts that it is entitled to a setoff reflecting the appropriate percentage of economic damages received from Guilder’s settlement with co-defendants.
On the other hand, Guilder contends that: (1) the letter was relevant, and not unduly prejudicial, or inflammatory; (2) the Fabre defendants were properly excluded from the verdict form; and (3) the loss of parental consortium award was proper. Guilder further contends that Honeywell is not entitled to setoff from any portion of the verdict. We agree with Honeywell.


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