Dukes v. Pneumo Abex

              NO. 4-06-0235 Filed 10/29/08
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
DORIS DUKES, Individually and as Special ) Appeal from
Administratrix of the Estate of MERLON ) Circuit Court of
DUKES, Deceased, ) McLean County
Plaintiff-Appellee, ) No. 04L79
v. )
PNEUMO ABEX CORPORATION, ILLINOIS )
CENTRAL RAILROAD, METROPOLITAN LIFE )
INSURANCE COMPANY, and OWENS ILLINOIS, )
Defendants, )
and ) Honorable
HONEYWELL INTERNATIONAL, INC., ) Charles G. Reynard,
Defendant-Appellant. ) Judge Presiding.
_________________________________________________________________
JUSTICE KNECHT delivered the opinion of the court:
Plaintiff, Doris Dukes, individually and as special
administratrix of the estate of Merlon Dukes, sued defendant,
Honeywell International, Inc. (Honeywell), and several others to
recover damages for harm Dukes suffered resulting from exposure
to asbestos-containing products. In October 2005 a jury returned
a verdict for plaintiff and against defendant, Honeywell, which
appeals, arguing the trial court erred by (1) allowing into
evidence a prior nolo contendere plea by defendant's predecessor
Bendix, (2) allowing into evidence a letter by one of Bendix's
employees, (3) allowing into evidence activities of alleged
coconspirators, (4) allowing into evidence trial or deposition
testimony from cases where defendant was not a party, (5) allow-ing
into evidence defendant's membership in trade organizations,
(6) giving a missing evidence instruction, (7) giving an issues
instruction inconsistent with plaintiff's burden of proof, (8)