We originally affirmed the jury verdict on appeal. Adams v. Johns-Manville Sales Corp., 727 F.2d 533 (5th Cir.1984). We agreed to review the case on rehearing in light of the reversal of Jackson v. Johns-Manville Sales Corp., 727 F.2d 506 (5th Cir.1984) and the decision to rehear that case en banc. Upon review, we certified two questions of Louisiana law to the Louisiana Supreme Court. Adams v. Johns-Manville Sales Corp., 756 F.2d 1068 (5th Cir.1985). The Louisiana Supreme Court declined certification without discussion. Adams v. Johns-Manville Sales Corp., 467 So.2d 529 (La.1985).
* We have re-examined the record in this case in detail. At trial, Adams' medical expert, Dr. Eric Comstock, testified that Adams suffered from a progressive case of asbestosis. The defendants' expert, Dr. Arthur Tillinghast, testified that although Adams' lung X-rays revealed some calcification, scarring and a small amount of airway obstruction, Adams did not have an asbestos-related disease.
Jurisdiction: U.S. Court of Appeals, Fifth Circuit
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