The Record from Hackensack, New Jersey • 10

A 10 THE RECORD, THURSDAY, JUNE 5. 1980 BERGENPASSAICHUDSON COUNTIES, NEW JERSEY Judge rules out $30 Off on Atari video computer system (regular price) further damages in asbestos case I LJ 1 I I so 4k 'jftii fcv tey fc--r-wf HSR iwanaTOmrnrmW ffiffiitii-YrMtt wlMmtrtiWBIaMi exposed to asbestos in 1965, he said, because of any wrongdoing that occurred against other asbestos workers in the 1930s and 1940s. The color video game system that lets you play games with realistic sound while you sharpen your mental and physical coordination. System comes complete with TV power adapters, joystick and paddle controls and combat cartridge which features tank and plane battles. Regularly 189.99 Sale 159.99 Other cartridges available: Backgammon, Regularly 39.99 Sale 31 .99 Video Chess, Regularly 39.99 Sale 31 .99 Human Cannonball, Regularly 19.99 16.99 Skydiver, Regularly 19.99 Sale 16.99 Football, Regularly 19.99 Sale 16.99 Casino, Regularly 24.99 Sale 1 9.99 Adventure, Regularly 29.99.

Sale 24.99 Superman, Regularly 24.99 Sale 19.99 Advanced Electronic Equipment (714). Add 3 for delivery. Asbestos phased out of products Manufacturers had phased asbestos out of their insulating products completely by 1972, and thus established during the trial that they voluntarily placed warn ing labels on their products in 1964. Hogard left the shipyard on disability pension in 1975 after a doctor advised him to get away from asbestos, so he no longer works with their products. Still elated and a little dazed by his huge verdict last week, Hogard said he was not upset by yesterday ruling.

Steinberg said the award was the highest in the country so far among asbestos cases that have involved PHONE 9 AM TO 9 PM-7 DAYS A WEEK. Call Central N.J (201) 494-1600. Northern N.J. (201) 967 1600 Add local sales tax orders filled on 25 or more. a single injured worker, although higher awards have been granted to families of workers who died.

Over 1,000 cases are pending Los Angeles Times News Service LOS ANGELES Former Long Beach Naval Shipyard worker Richard J. Ho-gard, who last week won $1.2 million in a precedent-setting case that could affect thousands of asbestos workers, cannot collect additional punitive damages from two asbestos manufacturers, a judge has ruled. Superior Court Judge Earl F. Riley's decision yesterday ended the six-week trial and cleared the way for Hogard to challenge the punitive damages ruling and for the manufacturers to appeal the jury award. The jury had voted May 27, by the bare 9-3 majority necessary in civil cases, to award Hogard $1,229,491 in compensa-1 tory damages after finding that asbestos manufacturers, Johns-Manville Corp.

and Raybestos-Manhattan failed to warn the pipe insulator of the hazards of working with their products. Hogard, 40, of St. James, contends that his 10 years of working with asbestos insulation materials caused him to get asbestosis, an irreversible scarring that causes the lungs to shrink and inhibits breathing. In dismissing the jurors yesterday, Riley said he had decided that punitive damages were unwarranted because of three major reasons: Hogard's lawyer, Robert B. Steinberg, planned to base much of his case for punitive damages on manufacturers' memos from the 1940s, indicating that they knew of asbestos hazards and did nothing to protect workers.

California's product liability law, under which the case was tried, was established in 1963, and Hogard only began working at the shipyard in 1965. Therefore, Riley said using earlier evidence was "illogical, improper and simply unfair." Secondly, he sid, the manufacturers simply sold asbestos-containing products the U.S. Navy, designed to meet Navy specifications, and to equate meeting those specifications with the fraud, malice, willful misconduct or concealment necessary to award punitive damages would be "totally inequitable." Thirdly, the judge said, any purported fraud, malice, willful misconduct, or concealment must be directed specifically at the plaintiff. It would be improper to award punitive damages to Hogard, first More than 1,000 cases are pending In the court here, and numerous other simi Abraham and Straus Brooklyn Queens Hempstead Manhasset Babylon Huntington Smith Haven Monmouth Paramus Woodbndge lar cases have been filed elsewhere, in cluding many in U.S, District Court in Newark. Steinberg said Hogard's victory could influence them, perhaps by forestalling trials on grounds that the issues have already been litigated, and by set ting guidelines for settlements.

Steinberg said he is inclined to appeal KHey decision, and plans to seek punitive damages in the more than 100 simi 20to 25 off on Sanyo watches lar cases he is handling for other asbestos workers. "We think the conduct of the defen (regular prices) dants can be fairly characterized as con scious disregard for the safety of people who had to work with their products," Steinberg said. "They chose not only to ignore it but to consciously disregard it, and that is the test for punitive damages in California. Johns-Manville attorney Fulton Haight and Raybestos lawyer John Norby believed they were partially vindicated by Riley's ruling that punitive damages A. Sanyo chronograph melody alarm watch Calendar shows month, date, day of week Stop watch functions Melody alarm plays "Old Suzannah'-Light lets you see time in dark Stylish flexible metal wrist band were improper.

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