concurring and dissenting:
I join both the result and rationale reached by the majority with respect to the first issue presented, and I agree that the jury was incapable of apportioning the harm without speculation. I disagree, however that a new trial is necessary.
The majority states that the “jury in this case was instructed to apportion the harm caused by cigarette smoking and asbestos exposure.” Majority op. at 430. While admittedly the verdict slip presented to the jury contained extraneous information as to the court’s role in this process, the court did not instruct the jury that it had to apportion the harm. If the jury determined that cigarette smoking was the sole factor, or that asbestos was not a substantial factor, they were certainly free to absolve the asbestos manufacturers of liability. Instead the jury found that asbestos exposure was a substantial factor. I believe that the majority, by granting a new trial, is improperly assuming that the jury was incapable of following the clear instruction of the trial court.
Further, granting a new trial is inconsistent with the result reached in Martin v. Owens-Corning Fiberglass, 515 Pa. 377, 528 A.2d 947 (1987) (plurality opinion). In Martin, after determining that the jury was improperly instructed on apportionment, the Court stated, “since the jury obviously apportioned to arrive at the verdict, ... and the only trial error involves the issue of damages, the appropriate remedy is a new trial limited to the issue of damages.” Id. at 385, 528 A.2d at 951. Thus, Martin stands for the proposition that when an improper apportionment charge is given, and the jury has already molded the verdict, a new trial limited to damages is needed. The majority distinguished Martin by stating:
presently, the expert testimony indicated that the sole cause of the injury was either cigarette smoking or asbestos exposure. Therefore, the jury’s determination (after being *433instructed to apportion the harm) that both were substantial causes of Mr. Lee’s cancer is not supported by the evidence. Accordingly, we find that the apportionment instruction misled the jury into believing that both cigarette smoking and asbestos could be substantial causes of appellee’s illness, and we must remand the case for a new trial on the issues of liability and damages.
Majority op. at 431-432, n. 3. (emphasis added).
I disagree with the majority’s statement that there was insufficient evidence to find that both asbestos exposure and cigarette smoking were substantial causes of Mr. Lee’s cancer. As the majority recognizes:
the jury was presented with general information concerning the nexus between cigarette smoking, asbestos exposure and the occurrence of lung cancer, including statistical data on the incidence and relative risks of lung cancer for both smoking and non-smoking asbestos workers as compared to the general population.
Majority op. at 429, n. 2. Further, Dr. Rodman’s testimony that cigarette smoking was the sole cause of appellee’s injury, and Dr. Guidice’s contradictory opinion that asbestos exposure was the sole cause of the harm do not necessarily preclude a jury from finding that both were substantial factors, since, the jury was free to believe all, none, or part of these experts’ testimony.1 See Martin supra 515 Pa. at 391, 528 A.2d at 954 (Hutchinson, J., dissenting) citing Weidemoyer v. Swartz, 407 Pa. 282, 180 A.2d 19 (1962). Since there was a sufficient basis for finding that both asbestos exposure and cigarette smoking were substantial causes of Mr. Lee’s cancer, I find the majority’s distinguishing of Martin unpersuasive.
The proper interpretation of Martin supports affirming rather than reversing the trial court. In Martin, the full extent of the damages were unknown because the jury had already molded the verdict. Thus, a new trial limited to *434damages was necessary. In the present case, the total amount of damages were known as the trial court expressly instructed the jury not to mold the verdict. The trial court was therefore able to correct its error in permitting the jury to apportion, by simply refusing to mold the verdict. As such, unlike Martin, a remand for a new trial is unnecessary. Accordingly, I dissent.
. This is not to say that appellant presented sufficient evidence for the jury to apportion without speculation. I am in full agreement with the majority that an apportionment instruction should not have been presented to the jury.