California Court of Appeal

In defendant's appeal of a judgment of over $5.8 million awarded to the spouse and surviving children of a man who died of asbestos-related cancer, in which defendant contends a new trial is warranted due to evidentiary error, the trial court's judgment is affirmed where the court: 1) properly admitted--subject to a limiting instruction--a 1966 letter of a Bendix employee sarcastically addressing an article in Chemical Week magazine that stated asbestos had been accused, but not yet convicted, as a significant health hazard; and 2) properly admitted the testimony of plaintiffs' expert about causation and the contributions to plaintiff's risk of cancer from every identified exposure to asbestos that plaintiff experienced.

Appellate Information

• Published 2017/03/17

Judges

• FRANSON

Court

• California Court of Appeal

Counsel