California Court of Appeal

In this wrongful death action, the decedent died from mesothelioma allegedly inflicted on him during his work in shipyards and similar places. Summary judgment was thereafter entered in favor of defendant on the basis that a Pennsylvania federal court's summary judgment in favor of another manufacturer - applying the "sophisticated user" doctrine - was collateral estoppel of the present action. The order granting summary judgment is vacated, where: 1) the Pennsylvania federal court ruled wrongly in their application of the "sophisticated user" doctrine, as employees of a sophisticated user are not, by virtue of their employment, deemed to be sophisticated users; and 2) because the ruling was wrong, collateral estoppel necessarily does not apply.

Appellate Information

• Decided 10/22/2014
• Published 10/22/2014

Judges

• Richman

Court

• California Court of Appeal

Counsel