California Court of Appeal

In plaintiff's products liability lawsuit for injuries caused by exposure to asbestos-containing products aboard United States Navy vessels, trial court's judgment for plaintiffs is reversed where plaintiffs have not shown that defendant manufactured, supplied, or distributed the products which caused his exposure to asbestos. Therefore, under Taylor v. Elliott Turbomachinery Co., Inc. (2009) 171 Cal. App. 4th 546, defendant is not liable in strict liability for failing to warn of the dangerous properties of those products or for a design defect in those products.

Appellate Information

• Decided 09/25/2009
• Published 09/25/2009

Judges

• KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Simon, Eddins & Greenstone, Brian P. Barrow, for Plaintiffs and Appellants.


• For Appellees:
  
• Gordon & Rees, James G. Scadden, Don Willenburg, San Francisco;  Munger, Tolles & Olson, Mark H. Epstein, Paul J. Watford and Julie D. Cantor, Los Angeles, for Defendant and Appellant Leslie Controls, Inc., Crowell & Moring, Steven P. Rice, William L. Anderson and Natalia R. Medley, Washington, DC, for The Coalition for Justice, Inc. as Amicus Curiae on behalf of Defendant and Appellant., Walsworth, Franklin, Bevins & McCall, Michael T. McCall, Thomas G. Scully and Sean P. Martin, Orange, for Defendant and Respondent Elliott Company.