California Court of Appeal

In plaintiffs' wrongful death suit based on theories of negligence, strict liability, false representation, and intentional failure to warn, based on the death of decedent from mesothelioma, jury verdict in favor of the defendants in reversed where: 1) the consumer expectations test applied to the use of asbestos at the oil refinery and his testimony concerning his expectations about its safety in its ordinary use at the refinery were sufficient to require a jury instruction on the issue; 2) the question should have been submitted to the jury under a strict liability failure to warn theory as to whether the decedent, who worked at the refinery from 1959 to 1967, was entitled to a warning about the dangers of using asbestos without precautions in light of the prevailing knowledge at the time; and 3) the exclusion of CACI No. 1205 was not harmless.

Appellate Information

• Decided 08/27/2010
• Published 08/27/2010

Judges

• JOHNSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul C. Cook, Douglas C. Purdy