This section contains the nature of the case and procedural background.

Dykes (P) worked as a plasterer from 1947 to the mid-'60s. During this work, it was found that P was exposed to asbestos. P was diagnosed as suffering from mesothelioma, a form of chest cancer associated with the inhalation of asbestos. P died from the disease shortly after filing this suit in district court. P's widow attempted to prove at trial that D was aware of the dangers of asbestos during and after P's exposure and did nothing to protect or inform P of those dangers. She also attempted to prove that D suppressed studies and reports documenting the risks associated with asbestos exposure. To that end, they sought admission of a deposition of a Dr. Kenneth Smith, the medical director of Johns Manville Corporation. The Dr. was deposed in another asbestos case in 1976, and the entire deposition was read into the trial record before the jury. D objected under hearsay rules. The verdict went to P and D appealed on the issue of punitive damages.

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