California Court of Appeal: Asbestos Cases

Our case-law library holds 270 asbestos decisions from the California Court of Appeal (1976–2024). Each links to our summary and the full opinion.

• State: California
• Kind of court: State appeals court

Decisions

• Cadlo v. Metalclad Insulation (1st Appellate District, 5th Division, 2008). The Court of Appeal summarily reversed the summary judgment for Metalclad Insulation and vacated the judgment, holding Metalclad was collaterally estopped on causation of Cadlo's mesothelioma, but declined to limit the remand to damages only.
• Clemmer v. John Crane, Inc. (1st Appellate District, 4th Division, 2008). The Court of Appeal vacated the part of the new-trial order that required the Clemmers to accept a remittitur, and limited the new trial to apportionment of liability, so the jury's liability finding against John Crane stood; the cross-appeal was dismissed as moot.
• Crowley Maritime Corporation v. Boston Old Colony Insurance Company (1st Appellate District, 1st Division, 2008). The Court of Appeal affirmed the trial court's order denying the foreign insurers' (West of England and United Kingdom Mutual) petition to compel arbitration of the equitable contribution claims brought by Boston Old Colony and Glens Falls.
• Cunningham v. Buffalo Pumps, Inc. (2nd Appellate District, 7th Division, 2008). The Court of Appeal reversed the judgment for Buffalo Pumps and Leslie Controls and sent the case back, because the trial court refused a consumer expectations instruction and used an erroneous special verdict form.
• Garza v. Asbestos Corp., Ltd. (1st Appellate District, 3rd Division, 2008). The Court of Appeal affirmed the judgment for Joseph and Mary Garza against Asbestos Corporation Ltd., declining to overrule Arena v. Owens-Corning and rejecting ACL's challenge to strict liability for a raw asbestos supplier.
• Holliday v. Warren Pumps LLC (1st Appellate District, 4th Division, 2008). The Court of Appeal affirmed summary judgment for Warren Pumps LLC, holding that plaintiffs Ray and Shirley Holliday's expert declarations were speculative and raised no triable issue of exposure to a Warren product.
• McCann v. Foster Wheeler (2nd Appellate District, 8th Division, 2008). The Court of Appeal reversed the judgment for Foster Wheeler, holding the trial court wrongly applied Oklahoma's statute of repose instead of California law, and remanded for further proceedings, with costs to the McCanns.
• Norris v. Crane Company (2nd Appellate District, 5th Division, 2008). The Court of Appeal affirmed the judgment for the Norris plaintiffs against Crane Company after a jury trial, rejecting all of Crane's challenges.
• Whitlock v. Foster Wheeler, LLC (1st Appellate District, 3rd Division, 2008). The Court of Appeal affirmed the trial court's order granting the Whitlocks a new trial for juror misconduct after a defense verdict for Foster Wheeler, finding no abuse of discretion.
• Bakkie v. Union Carbide Corporation (1st Appellate District, 2nd Division, 2007). The Court of Appeal affirmed the jury's liability findings against Union Carbide and the denial of its JNOV motion, but reversed the $14.1 million future noneconomic damages award as excessive and ordered a new trial on that item unless plaintiff accepts a reduction to $3.1 million.
• Brumley v. Fdcc California, Inc. (1st Appellate District, 1st Division, 2007). The Court of Appeal reversed in part the dismissal under the five-year rule, reinstating the wrongful death, loss of consortium and cancer survivorship claims against the defendants, while the noncancer survivorship claims stayed barred.
• Cadlo v. Metalclad Insulation Corporation (1st Appellate District, 5th Division, 2007). The Court of Appeal affirmed the judgment for plaintiffs Anthony and Maxlyn Cadlo against Metalclad Insulation and John Crane, including the backdated judgment, the future economic and pain-and-suffering damages, and the expert fees and prejudgment interest.
• Foster Wheeler LLC v. Superior Court OF San Francisco County (1st Appellate District, 2nd Division, 2007). The Court of Appeal granted Foster Wheeler's petition and directed the trial court to vacate its order consolidating the Gray and Oxford asbestos cases for trial, finding an abuse of discretion.
• Frastaci v. Vapor Corporation (1st Appellate District, 4th Division, 2007). The Court of Appeal affirmed the judgment dismissing the survivors' state tort claims against locomotive manufacturer Vapor Corporation, holding them preempted by the Locomotive Boiler Inspection Act; Vapor won and the plaintiffs lost.
• Garcia v. Duro Dyne Corporation (1st Appellate District, 1st Division, 2007). The Court of Appeal affirmed the judgment for the Garcias against Duro Dyne, denying Duro Dyne's challenges to the future damages award and the offset rulings and rejecting the Garcias' cross-appeal, but amended the judgment to reserve jurisdiction for later offset credits and to correct the economic damages offset figure.
• Honer v. Ford Motor Company (2nd Appellate District, 7th Division, 2007). The Court of Appeal reversed the summary judgments for Ford Motor Company and Merck & Co. and remanded with directions to deny both motions, so plaintiff Eileen Honer prevailed on appeal.
• Kinsman v. Unocal Corporation (1st Appellate District, 3rd Division, 2007). The Court of Appeal affirmed the denial of Unocal's motion for judgment notwithstanding the verdict, finding substantial evidence of negligence, and remanded for a new trial under the Supreme Court's instructions; the Kinsmans prevailed on this issue.
• Rosen v. Regents of University of California (1st Appellate District, 4th Division, 2007). The Court of Appeal affirmed the judgment for the Regents of the University of California and against Dr. Rosen's wife and children, upholding the nonsuit on negligence, the jury instructions and verdict form, and the evidence rulings.
• Slaughter v. Union Carbide Corp. (2nd Appellate District, 7th Division, 2007). The Court of Appeal reversed the trial court's dismissal on forum non conveniens grounds and remanded, because the moving defendants had not shown that all defendants were subject to jurisdiction in Tennessee; the trial court may deny the motion or grant only a stay conditioned on waiver of Tennessee's statute of limitations.
• Boyle v. Certainteed Corporation (1st Appellate District, 4th Division, 2006). The Court of Appeal reversed the summary judgment for CertainTeed, holding San Francisco's General Order No. 157 invalid, and remanded; plaintiffs recovered costs.
• Lyons v. Chinese Hospital Association (1st Appellate District, 2nd Division, 2006). Reversed the trial court's order denying Daniel Lyons attorney fees under Code of Civil Procedure section 1021.5 and remanded for an award of fees and costs, including fees on appeal, against Chinese Hospital Association.
• Quarles v. Advocate Mines Limited (1st Appellate District, 2nd Division, 2006). The Court of Appeal affirmed the judgment for Geronia Quarles against Advocate Mines Limited, rejecting the mining company's challenges to the liability findings, causation, expert testimony and damages.
• Weber v. John Crane, Inc. (1st Appellate District, 1st Division, 2006). The Court of Appeal reversed the summary judgment for John Crane, Inc., holding that its evidence did not shift the burden to the Webers to show a triable issue on causation.
• Cadlo v. Owens-Illinois, Inc. (1st Appellate District, 5th Division, 2004). The Court of Appeal affirmed the judgment for Owens-Illinois, upholding the demurrer to the fraud, misrepresentation and concert-of-action claims and the summary judgment on the product claims, against plaintiffs Anthony and Maxlyn Cadlo.
• Coalition for Reasonable Regulation OF Naturally Occurring Substances v. California Air Resources Board (3rd Appellate District, 2004). The Court of Appeal affirmed the trial court's judgment upholding the Air Resources Board's 2000 regulation on asbestos-containing road-surfacing rock, rejecting the challenge by the mining and construction industry groups.
• Chavers v. Gatke Corp. (1st Appellate District, 4th Division, 2003). The Court of Appeal affirmed the judgment for Gatke Corporation after a jury verdict, holding the trial court correctly refused the plaintiffs' civil conspiracy and concert of action jury instructions.
• Cossman v. DaimlerChrysler Corp. (1st Appellate District, 1st Division, 2003). The Court of Appeal affirmed the nonsuit for the friction-product defendants (DaimlerChrysler, Ford, Mercedes-Benz USA, Volkswagen of America and Pneumo Abex), holding that Indiana's two-year statute of limitations barred the Cossmans' claims, including Max Cossman's loss of consortium claim.
• Dekens v. Underwriters Laboratories Inc. (4th Appellate District, 3rd Division, 2003). Affirmed the trial court's summary judgment for Underwriters Laboratories, rejecting the Dekens heirs' wrongful death claim because U.L. never undertook to test or certify small appliances for asbestos health risks.
• Ferris v. Gatke Corporation (1st Appellate District, 4th Division, 2003). The Court of Appeal affirmed the judgment for Gatke Corporation, holding the trial court properly barred plaintiffs' market share (Sindell) theory and properly granted nonsuit on the civil conspiracy claims.
• Kinsman v. Unocal Corp. (1st Appellate District, 3rd Division, 2003). The Court of Appeal reversed the judgment for plaintiffs Ray Kinsman and his wife against Unocal and remanded for a new trial because the jury was not instructed on the limits on a premises owner's liability to an independent contractor's employee.
• Taylor v. John Crane, Inc. (1st Appellate District, 4th Division, 2003). The Court of Appeal affirmed the judgment for plaintiffs David and Susan Taylor against John Crane Inc., rejecting the plaintiffs' cross-appeal and upholding the jury's allocation of fault to the Navy.
• Hackett v. John Crane, Inc. (1st Appellate District, 1st Division, 2002). The Court of Appeal reduced John Crane's settlement credit against Lewis's economic damages by $33,367, which raised the judgment for Lewis and Hackett to $1,026,842, and otherwise affirmed the judgment and the expert witness fee award against Crane.
• McGonnell v. Kaiser Gypsum Co., Inc. (1st Appellate District, 4th Division, 2002). The Court of Appeal affirmed summary judgment for Kaiser Gypsum and Kaiser Cement, holding the plaintiffs, the family of James McGonnell, had not shown a triable issue that he was exposed to the defendants' asbestos-containing products.
• Ehret v. Congoleum Corp. (2nd Appellate District, 4th Division, 2001). The Court of Appeal affirmed the trial court's order that Congoleum pay postjudgment interest from the original June 27, 1997 judgment, so the plaintiffs (the Ehret heirs) won and Congoleum lost.
• Franklin v. Usx Corp. (1st Appellate District, 3rd Division, 2001). The Court of Appeal reversed the judgment against USX Corporation, holding USX was not the successor in interest to Western Pipe & Steel, so the Franklins' verdict of over $5 million could not stand against USX.
• Ashdown v. Ameron International Corp. (1st Appellate District, 3rd Division, 2000). The Court of Appeal affirmed summary judgment for Ameron International Corp. against the estate and family of Gary Smith, holding the workers' compensation remedy was their exclusive remedy.
• Wagner v. Apex Marine Ship Management Corp. (1st Appellate District, 2nd Division, 2000). The Court of Appeal reversed the judgment dismissing Wagner's Jones Act claims against the Apex Marine and related shipping defendants and remanded, holding his asbestosis claim was not time-barred by his earlier pleural disease diagnosis.
• Wilson v. John Crane, Inc. (1st Appellate District, 4th Division, 2000). The Court of Appeal affirmed the judgment for plaintiffs Daniel and Lois Wilson against John Crane, Inc., rejecting both John Crane's challenges and the plaintiffs' cross-appeal over the limit on noneconomic damages.
• Anderson v. Metalclad Insulation Corp. (1st Appellate District, 1st Division, 1999). The Court of Appeal reversed the summary judgment that had been entered for Metalclad Insulation Corp. against Warren Anderson on limitations grounds, and remanded the case to the trial court, with costs to Anderson.
• Ehret v. Congoleum Corp. (2nd Appellate District, 4th Division, 1999). The Court of Appeal reversed the trial court's JNOV and its 75 percent settlement allocation, and remanded for entry of judgment of $817,896 against Congoleum, so Congoleum largely prevailed over Ehret's heirs.
• General Dynamics Corp. v. Wcab (2nd Appellate District, 4th Division, 1999). The Court of Appeal annulled the Board's decision that Anderson's asbestosis claim was not barred, finding the record insufficient to decide res judicata either way, and remanded for an order denying reconsideration without prejudice to General Dynamics raising res judicata later.
• Howard v. Owens Corning (1st Appellate District, 3rd Division, 1999). The Court of Appeal affirmed the judgment for Owens Corning on a jury verdict that Howard's asbestos exposure was not a cause of his injury, and rejected the Howards' claim that they were entitled to a directed verdict.
• Overly v. Ingalls Shipbuilding, Inc. (1st Appellate District, 2nd Division, 1999). The Court of Appeal affirmed the judgment for Robert and Louise Overly against shipyard owner Ingalls Shipbuilding, rejecting Ingalls' challenges to the evidentiary rulings, the lost-years damages, and the settlement allocation.
• Arena v. Owens Corning Corp. (1st Appellate District, 1st Division, 1998). The Court of Appeal held that ACL, a raw asbestos supplier, was properly held strictly liable, but that the trial court erred in not applying Proposition 51; it remanded for allocation of noneconomic damages between Owens Corning and ACL and otherwise affirmed the judgment for Arena.
• Gatton v. AP Green Services, Inc. (1st Appellate District, 2nd Division, 1998). The Court of Appeal affirmed summary judgment for A.P. Green Services, Inc. against the widow and heirs of Jerald Gatton, holding that another worker's deposition from a different case was inadmissible hearsay and left no evidence linking Green to Gatton's asbestos exposure.
• Gutierrez v. Cassiar Mining Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal reversed the $37,240 economic damages award for medical monitoring because the trial court refused Cassiar Mining's requested preexisting-condition instruction, affirmed the rest of the judgment for Gutierrez, and limited any retrial to monitoring costs.
• Petrini v. Mohasco Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal reversed the summary judgment for Mohasco Corporation, holding Mohasco liable as successor in interest to Volker through the merger, in favor of Therese Petrini and the other plaintiffs.
• Scheiding v. General Motors Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal affirmed the judgments for General Motors, holding that the federal Locomotive Boiler Inspection Act preempted the railroad workers' and survivors' state-law tort claims over asbestos in locomotives.
• Barr v. ACandS, Inc. (1st Appellate District, 2nd Division, 1997). The Court of Appeal affirmed all three judgments for the defendants (ACandS, Kaiser Cement, Alta Building Materials and Exxon), holding the plaintiffs' second asbestos suits were barred by the one-year limitations period of section 340.2.
• Armstrong World Industries v. Aetna Cas. & Sur. (1st Appellate District, 1st Division, 1996). The Court of Appeal mostly affirmed the trial court's coverage rulings for asbestos manufacturers Armstrong, Fibreboard and GAF against their insurers, but modified the bodily-injury trigger ruling, reversed the 'expected or intended' declaration and the finding that GAF's pre-merger policies covered Ruberoid products, and remanded one Armstrong excess-policy issue.