Document a1Vxny2jqo27YgrbdjLr45RER

OOPY riLCU O'CLOCK. AURORA DE LA GARZA DIST. CLERK CAUSE NO. 2000-05-1962-C ROBERT HENRY VILLARREAL. Individual!) and as Personal Representative of the Heirs and Estate of JOHN HENR^ VILLARREAL Plaintiffs. vs. GAF CORPORATION HOLDINGS. INC.I. ET AL. Defendants. IN CAMERON COIN*' 197TM JUDICIAL DISTRICT DEFENDANTS' MOTION TO BIFURCATE COME NOW. Dana Corporation. Quigley Company. Inc.. T&N LTD (f/k/a T&N pic and L. Turner & Newell pic). Union Carbide Corporation f/k/a Union Carbide Chemicals and Plastics. Inc., and United States Gypsum Company, (hereinafter "Defendants"). Defendants in the above-referenced cause, herebv request the court to bifurcate the determination of the amount of punitive damages, if any. from the trial of all other issues, and in support thereof show: I. This is an action by Plaintiffs for damages based upon alleged exposure to asbestos products. In additK . to actual damages. Plaintiffs seek an award of punitive damages against the Defendants. II. Defendants, in good faith, believe it would be unfairly prejudicial to allow evidence relevant only to the amount of punitive damages to be considered by the jury along with other issues in this matter. According to the Texas Supreme Court in Transportation Ins. Co. v. Moriel. S79 S.W.2d 10 t'Tex. 1994). "evidence of a defendant's net worth, which is generally relevant only to the amount of punitive damages, by highlighting the relative wealth of a defendant, has a very real potential for preiudicing the |ur\'s determination of other disputed issues in a ton case." Id. at 30 Thus, if presented with a timely motion, the trial court should bifurcate the determination of the amount of punitive damages from the remaining issues. Id. Ill In Moricl. the Texas Supreme Court provided that thejurv should first hear evidence relevant to liabilitv for actual damages and liability for punitive damages, and then return findings on those issues. The same jury should then be presented with evidence of a defendant's net worth, and anv other evidence relevant to the amount of punitive damages, only if it answered the punitive damage liability question in the plaintiffs favor. Id. F \CCFVCameron Villarreal. JonmOeiendarui. Motion to Bnureaie doc WHEREFORE. Defendants respectful!} request that the court order a bifurcation of the determination of the amount of punitive damages from the remaining issues m this matter, and make such other orders as the court deems fair and just. Respectfuin submitted. POWERS & FROST, L.L.P. ..._________________________ James H. Powers Texas State Bar No. 16217400 Sharia J. Frost Texas State Bar No. 07491100 Gwendolyn S. Frost Texas State Bar No. 07488750 2600 Two Houston Center 909 Fannin Houston. Texas 77010 Telephone: (713) 767-1555 Facsimile: (713) 767-1799 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE 1 hereby certify that a true and correct of Defendants' Motion to Bifurcate has been forwarded to Plaintiffs' counsel of record either by first class mail, return receipt requested, delivery or facsimile on this the day of _____________. 2001. C\ /K 7 F 'OCRf'CameronA liljrreji. John.Dei'enaunis Motion to Bifurcate doc