California Court of Appeal
Frastaci v. Vapor Corp., A113752
In suit brought by survivors of a railroad worker, sustaining of demurrer on state tort claims for asbestos-related injuries is affirmed as Scheiding v. General Motors Corp., 22 Cal.4th 471 (2000), forecloses state tort claims against locomotive manufacturers for defective design of their product, regardless of whether a locomotive is "in use" or off line in roundhouses or repair shops.
Appellate Information
- Decided 12/21/2007
- Published 01/16/2008
Judges
- REARDON, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Steven Marc Harowitz, Harowitz & Tigerman, San Francisco, CA, Ted W. Pelletier, Law Office of Ted W. Pelletier, San Anselmo, CA, for Plaintiffs and Appellants.
- For Appellees:
- Keith Reyen, Oium Reyen & Pryor, San Francisco, CA, for Defendant and Respondent.