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

• Hansen v. Owens-Corning Fiberglas Corp. (1st Appellate District, 2nd Division, 1996). The Court of Appeal affirmed the trial court's orders staying the Hansens' California asbestos actions against Owens-Corning Fiberglas and others on forum non conveniens grounds, so the plaintiffs lost and were directed to file in Montana.
• Jenkins v. T & N Plc (2nd Appellate District, 7th Division, 1996). The Court of Appeal affirmed the judgment for plaintiffs Milton and Maxine Jenkins against T&N PLC, rejecting T&N's argument that a bulk supplier of raw asbestos fiber cannot be strictly liable; each side bore its own costs.
• Kellogg v. Asbestos Corp. Ltd. (1st Appellate District, 4th Division, 1996). The Court of Appeal reversed the damages award to Harry Kellogg against Asbestos Corporation Limited and the section 998 costs, remanded for a limited new trial on his lifetime economic damages and costs, and affirmed the rest, including Ida May Kellogg's award.
• Lineaweaver v. Plant Insulation Co. (1st Appellate District, 1st Division, 1995). The Court of Appeal reversed the nonsuit for Plant Insulation as to Lineaweaver and remanded for retrial, but affirmed the nonsuit against King and Ward for insufficient evidence of exposure to Plant-supplied Pabco.
• Morton v. Owens-Corning Fiberglas Corp. (1st Appellate District, 2nd Division, 1995). The Court of Appeal struck $2 million in noneconomic damages, $63,000 in future medical expenses and $1,090,467 in future earning capacity from Mr. Morton's award, reduced Mrs. Morton's consortium award to $30,000, and otherwise affirmed the judgment against Owens-Corning Fiberglas.
• Sparks v. Owens-Illinois, Inc. (1st Appellate District, 2nd Division, 1995). The Court of Appeal affirmed the judgment for Charles and Betty Sparks, upholding the jury's findings that Owens-Illinois's Kaylo insulation was defective and was 100 percent responsible, and holding that Owens-Illinois waived its claim to allocate fault to the Navy.
• Dumin v. Owens-Corning Fiberglas Corp. (1st Appellate District, 1st Division, 1994). The Court of Appeal affirmed the judgment for Owens-Corning Fiberglas, holding that the trial court correctly directed a verdict against Dumin on exposure to OCF Kaylo aboard the Pocono because the evidence was insufficient.
• Smith v. ACandS, Inc. (1st Appellate District, 1st Division, 1994). The Court of Appeal reversed the jury judgment, directed entry of judgment for ACandS, and remanded for a new trial against PG&E.
• Williamson v. Plant Insulation Co. (1st Appellate District, 3rd Division, 1994). The Court of Appeal reversed the judgment for the Williamson plaintiffs against Plant Insulation only as to the decedent's noneconomic damages and anticipated economic damages, remanded for a limited new trial on economic damages, and otherwise affirmed, including the finding that the asbestosis claim was timely.
• Clark v. Workers'comp. Appeals BD. (2nd Appellate District, 7th Division, 1991). The Court of Appeal affirmed the Workers' Compensation Appeals Board's decision that Shirley Clark's application for death benefits was barred by the statute of limitations, so the employer (Department of Youth Authority) prevailed.
• Chevron USA v. Workers'comp. Appeals BD. (1st Appellate District, 5th Division, 1990). The Court of Appeal affirmed the Workers' Compensation Appeals Board's order denying Chevron's petition for reconsideration, so the widow and children of Harvey Steele won, and it denied their request for supplemental attorney fees.
• Uram v. Abex Corp. (1st Appellate District, 1st Division, 1990). The Court of Appeal affirmed summary judgment for the Asbestos Claims Facility defendants, holding that both Joseph Uram's personal injury claim and Virginia Uram's loss of consortium claim were time-barred.
• Hughes v. Western MacArthur Co. (1st Appellate District, 4th Division, 1987). The Court of Appeal reversed the judgment on the pleadings for Western MacArthur, holding Hughes was not required to plead the dual capacity doctrine, though she was required to plead successor liability.
• Kaminski v. Western MacArthur Co. (1st Appellate District, 5th Division, 1985). The Court of Appeal affirmed the judgment for Jack and Rose Kaminski against Western MacArthur Company, holding it was successor to Western Asbestos Company, and denied Western MacArthur's writ petitions challenging summary judgment on successorship as academic.
• JT Thorp, Inc. v. Workers'comp. Appeals BD. (3rd Appellate District, 1984). The Court of Appeal affirmed the Workers' Compensation Appeals Board's award to William Butler, rejecting the employer J.T. Thorp's challenge, and held Butler could recover predisability medical expenses for his asbestosis without a date of injury being set.
• Indus. Indemnity Co. v. Worker's Comp. App. BD. (2nd Appellate District, 3rd Division, 1983). The court annulled the workers' compensation judge's findings and the Appeals Board's denial of reconsideration, and directed the Board to decide which employer or insurer (Industrial Indemnity or self-insured National) was liable; this favored petitioner Industrial Indemnity.
• Scott Co. v. Workers'comp. Appeals BD. (1st Appellate District, 3rd Division, 1983). The Court of Appeal affirmed the Workers' Compensation Appeals Board's award, which imposed liability only on Scott Company (and its insurer Liberty Mutual) and dismissed the later employers Atlas Heating and Western Air.
• Skip Fordyce, Inc. v. Workers'comp. Appeals BD. (4th Appellate District, 2nd Division, 1983). The Court of Appeal annulled the Workers' Compensation Appeals Board's death benefit award to Barry's widow because no substantial evidence showed Barry was exposed to asbestos at Skip Fordyce, and returned the case to the Board; Skip Fordyce and Fireman's Fund won, though the court upheld the finding that Fireman's Fund was the carrier.
• Baptist v. Workers'comp. Appeals BD. (1st Appellate District, 1st Division, 1982). The Court of Appeal annulled the Workers' Compensation Appeals Board's order rescinding the death benefit award to the widow, Frances Baptist, and remanded, ruling against Johns-Manville Corporation.
• Arndt v. Workers'comp. Appeals BD. (1st Appellate District, 1st Division, 1976). The Court of Appeal annulled the Workers' Compensation Appeals Board's dismissal of the widow's death-benefit application as untimely and sent the case back to the Board, so Erla Arndt prevailed over Western Asbestos Company and the other respondents.