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Plaintiff Rosemary Posey Boyett obtained a jury verdict of $226,466.09 against Keene Corporation for the death of her husband, Roy Boyett, due to mesothelioma caused by asbestos exposure on ships where Keene's insulation was used. Keene sought an offset against the verdict for settlements received by the plaintiff from shipowners and other asbestos manufacturers, arguing that the plaintiff had already received an amount exceeding the verdict. The court denied Keene's claim for offset, finding no evidence that the settlements represented common damages or that the defendants were jointly and severally liable. Separately, States Marine Lines, one of the settling shipowners, sought indemnification from Keene for a portion of its settlement, arguing that its liability was without fault due to Keene's defective products. The court dismissed the indemnification claim, concluding that since the defendants were not jointly and severally liable for the same injury, Keene was not unjustly enriched by the shipowners' payment.
Boyett v. Keene Corp. is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Plaintiff Rosemary Posey Boyett obtained a jury verdict of $226,466.09 against Keene Corporation for the death of her husband, Roy Boyett, due to mesothelioma caused by asbestos exposure on ships where Keene's insulation was used. Keene sought an offset against the verdict for settlements received by the plaintiff from shipowners and other asbestos manufacturers, arguing that the plaintiff had already received an amount exceeding the verdict. The court denied Keene's claim for offset, finding no evidence that the settlements represented common damages or that the defendants were jointly and severally liable. Separately, States Marine Lines, one of the settling shipowners, sought indemnification from Keene for a portion of its settlement, arguing that its liability was without fault due to Keene's defective products. The court dismissed the indemnification claim, concluding that since the defendants were not jointly and severally liable for the same injury, Keene was not unjustly enriched by the shipowners' payment.
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