Washington Supreme Court: Asbestos Cases

Our case-law library holds 17 asbestos decisions from the Washington Supreme Court (1985–2023). Each links to our summary and the full opinion.

• State: Washington
• Kind of court: State supreme court

Decisions

• Wright v. 3M Co. (2023). The Washington Supreme Court affirmed the Court of Appeals, holding the trial court did not abuse its discretion in refusing ExxonMobil's requested § 343A "known or obvious" jury instruction, so the jury verdict for Wright's estate against ExxonMobil stood.
• Coogan v. Borg-Warner Morse Tec Inc. (2021). The Washington Supreme Court reversed the Court of Appeals in part and reinstated in full the $81.5 million jury verdict for the Coogan family and estate against Genuine Parts Company and NAPA, affirming denial of a new trial, exclusion of the defense expert, and denial of CR 60 relief.
• Rublee v. Carrier Corp. (2018). The Washington Supreme Court reversed the Court of Appeals, which had affirmed summary judgment for Pfizer, and remanded for further proceedings because Margaret Rublee raised a genuine factual issue on whether Pfizer was an apparent manufacturer of the asbestos products.
• Noll v. American Biltrite Inc. (2017). The Washington Supreme Court held that, on the allegations before it, the trial court properly dismissed Noll's claims against Special Electric without prejudice for lack of specific personal jurisdiction. It rejected the Court of Appeals' reasoning and remanded to the trial court, which may make its own jurisdictional finding on any new allegations.
• Walston v. Boeing Company (2014). The Washington Supreme Court affirmed the Court of Appeals and remanded for entry of summary judgment for Boeing, ruling against Walston and his estate.
• Macias v. Saberhagen Holdings, Inc. (2012). The Washington Supreme Court reversed the Court of Appeals and held the trial court properly denied the respirator manufacturers' summary judgment motion, so the Maciases' failure-to-warn claims went back to the trial court.
• Lunsford v. Saberhagen Holdings, Inc. (2009). The Washington Supreme Court affirmed the Court of Appeals, held that the trial court erred in dismissing the Lunsfords' strict product liability claims against Saberhagen Holdings, and remanded for further proceedings, so the Lunsfords won and Saberhagen lost.
• Braaten v. Saberhagen Holdings (2008). The Washington Supreme Court reversed the Court of Appeals and reinstated the trial court's summary judgment orders in favor of pump and valve manufacturers Buffalo Pumps, IMO, Crane and Yarway, against the Braaten estate.
• Sales v. Weyerhaeuser Company (2008). The Washington Supreme Court affirmed the Court of Appeals, held the trial court abused its discretion in dismissing for forum non conveniens without considering the effect of MDL transfer, and remanded; Sales prevailed over Weyerhaeuser on this point.
• Simonetta v. Viad Corporation (2008). The Washington Supreme Court reversed the Court of Appeals and left in place the trial court's summary judgment for Viad Corporation, ruling against Joseph Simonetta on his negligence and strict liability failure-to-warn claims.
• Herring v. Texaco, Inc. (2007). The Washington Supreme Court reversed the Court of Appeals and reinstated summary judgment for Todd Shipyards, holding Todd's bankruptcy discharged Herring's claim because he was entitled only to publication notice.
• Brewer v. Fibreboard Corp. (1995). The Washington Supreme Court affirmed that the $175,000 Manville Trust settlement was reasonable but held the setoff should be only the $21,000 actually received, and remanded for recalculation of the judgment against Fibreboard, Owens-Corning Fiberglas and Pittsburgh Corning at $290,643.56, a result favoring the Brewers.
• Kilpatrick v. Dept. of Labor and Industries (1994). The Washington Supreme Court reversed the summary judgments for the Department of Labor and Industries and held the three widows were entitled to survivor's benefits at the 100 percent rate, remanding for attorney fees and further proceedings.
• Falk v. Keene Corp. (1989). The Washington Supreme Court affirmed the Court of Appeals' reversal of the defense verdict for Keene Corporation and other manufacturers, holding that the instructions allowed the jury to apply ordinary negligence to the design defect claim, and remanded for retrial in favor of the Falk plaintiffs.
• Sofie v. Fibreboard Corp. (1989). The Washington Supreme Court held the statutory cap on noneconomic damages (RCW 4.56.250) unconstitutional under the state jury-trial right, rejected the defendants' claims of trial error, and reinstated the jury's full award to the Sofies against the asbestos manufacturers.
• Lockwood v. AC & S, Inc. (1987). The Washington Supreme Court affirmed the Court of Appeals and the trial court, leaving in place the $183,372 jury verdict for Albert Lockwood against Raymark Industries.
• White v. Johns-Manville Corp. (1985). The Washington Supreme Court answered the federal court's certified question yes, holding the discovery rule applies to wrongful death and survival actions, so the widow's claims against the asbestos defendants were not barred as a matter of law.