California Court of Appeal

In plaintiffs' lawsuit on behalf of decedent for negligence, products liability, and false representation arising from exposure to asbestos while working on U.S. Navy ships and shipyard, trial court's judgment against defendant is reversed and remanded for a new trial where, although the trial court was correct in concluding that the jury's verdict on the affirmative government contractor defense did not entitle defendant to judgment in its favor, a finding of negligent failure to warn is logically and legally inconsistent with the jury's finding on plaintiffs' strict products liability failure to warn. Accordingly, to the extent the jury might have found defendant negligent for something other than failure to warn, that claim would have been barred by the affirmative defense.

Appellate Information

• Decided 09/10/2009
• Published 09/10/2009

Judges

• GRAHAM, J.*

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Sedgwick, Detert, Moran & Arnold LLP, Frederick D. Baker, Esq., Brian R. Thompson, Esq., San Francisco, for Defendant and Appellant., Brayton Purcell LLP, Alan R. Brayton, Esq., Gilbert L. Purcell, Esq., Lloyd F. LeRoy, Esq., Novato, Richard M. Grant, Esq., for Plaintiffs and Respondents.