California Court of Appeal

In a wrongful death complaint filed by the widow and surviving children of a worker who used the defendant's brake shoe arcing machines and brake drum lathes to work on brakes containing asbestos, summary judgment in favor of the defendant is affirmed, where: 1) the defendant owed no duty to warn of the hazards of asbestos, even if it was foreseeable that its machines would be used in conjunction with asbestos-containing products, so it could not be held strictly liable for failure to warn; and 2) the trial court properly determined that the defendant did not owe the worker a duty of care to prevent or warn about the dangers of asbestos exposure, so it could not be held liable for a negligent failure to warn.

Appellate Information

• Decided 05/22/2012
• Published 05/22/2012

Judges

• Doi Todd

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Keller, Fishback & Jackson, Gordon & Rees