California Court of Appeal

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Collins v. Plant Insulation Co., A124268

In plaintiffs' suit for the death of a husband and father caused by mesothelioma as a result of asbestos exposure while working as a welder at a shipyard, trial court's grant of plaintiffs' motion for a directed verdict regarding the Navy is reversed and remanded where: 1) the trial court erred in excluding the Navy from the list of entities as to which the jury could apportion fault pursuant to Proposition 51; and 2) on remand, retrial is limited to apportionment of fault among the Navy and defendants already found liable by the jury.

Appellate Information

  • Decided 06/03/2010
  • Published 06/03/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Horvitz & Levy, Lisa Perrochet, Robert H. Wright; Burnham Brown, Eric R. Haas, Richard J. Finn, Ulla M. Pajala, Kevin M. Larson; McKenna, Long & Aldrige, Christopher W. Wood and Catherine Liu for Defendant and Appellant., Shook, Hardy & Bacon and Patrick J. Gregory for Coalition for Litigation Justice, Inc. as Amicus Curiae on behalf of Defendant and Appellant., Kazan, McClain, Lyons, Greenwood & Harley, James L. Oberman, Michael T. Stewart and Phillip Allan Harley for Plaintiffs and Respondents.
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