California Court of Appeal

Judgment notwithstanding the verdict (JNOV) entered in favor of defendant in asbestos injury case is reversed and remanded, and the jury verdict is ordered to be reinstated where: 1) the trial court's order violated statutory procedural requirements for a JNOV; 2) the order granting JNOV was unjustified on its merits because the ruling that defendant's duty to warn plaintiff of the dangers of its asbestos was discharged is not supported by the record, and therefore is unjustified by the law; 3) the trial court erred in granting JNOV on defendant's liability for its general negligence in supplying the asbestos, independent from its liability for strict liability and negligent failure to warn; and 4) the order granting JNOV was not harmless error.

Appellate Information

• Decided 03/14/2013
• Published 03/14/2013

Judges

• CHANEY

Court

• California Court of Appeal

Counsel