California Court of Appeal

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Smith v. Exxon Mobil Oil Corp., A112101

In wrongful death case involving asbestos exposure, judgment of wrongful death where liability was established by application of the doctrine of collateral estoppel is reversed as, defendant's inability, through no fault of its own, to produce evidence on crucial issues makes it impossible to say that the prior trial provided it a full and fair opportunity to present a defense.

Appellate Information

  • Decided 08/03/2007
  • Published 08/03/2007


  • KLINE, P.J.


  • California Court of Appeal


  • For Appellant:
  • Horvitz & Levy LLP, David M. Axelrad, Stephen E. Norris, Curt Charles Cutting, Encino, Armstrong & Associates LLP, William Henry Armstrong, Oakland, Miriam E. Hiser, Jennifer D. Fitzpatrick, for Appellant.

  • For Appellees:
  • Paul, Hanley & Harley LLP, Philip A. Harley, Berkeley, Wesley Wayne Wagnon, Law Offices of Bryce C. Anderson, Bryce Clay Anderson, Brentwood, for Respondents.
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