California Asbestos Case Law

Asbestos decisions from California's courts and the federal courts there: 381 cases in our library so far. For what the law requires today, see California asbestos laws; for where exposure happened, see California asbestos exposure sites.

State appeals courts

California Court of Appeal

• Barker v. Hennessy Industries, Inc. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal affirmed summary judgment for Hennessy Industries against the Barker family's wrongful death claims, with one justice dissenting.
• Bettencourt v. Hennessy Industries, Inc. (1st Appellate District, 5th Division, 2012). The Court of Appeal reversed the judgments on the pleadings for Hennessy Industries on the strict products liability and negligence claims, holding plaintiffs should have been allowed to amend, and affirmed as to all other causes of action.
• Brewer v. Crane Co. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal reversed the judgment for the Brewers against Crane Co. and remanded for entry of judgment notwithstanding the verdict in Crane's favor, applying O'Neil v. Crane Co.
• Campbell v. Ford Motor Company (2nd Appellate District, 7th Division, 2012). The Court of Appeal reversed the judgment for plaintiff Honer (continued by her daughter Mary Campbell) against Ford, holding Ford owed her no duty, so Ford prevailed.
• Casey v. Perini Corporation (1st Appellate District, 4th Division, 2012). The Court of Appeal affirmed summary judgment for general contractor Perini Corporation against plaintiffs Patricia and John Casey, holding the trial court properly excluded plaintiffs' expert declaration and that plaintiffs offered only speculation about exposure.
• Cundiff v. Lone Star Industries, Inc. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal affirmed the judgment for plaintiffs Charles and Glenda Cundiff against Lone Star Industries, rejecting its federal enclave, evidentiary, fault-allocation and excessive-damages challenges.
• Davis v. Foster Wheeler Energy Corporation (2nd Appellate District, 5th Division, 2012). The Court of Appeal affirmed summary judgment for Foster Wheeler Energy Corporation against the Davis family's claims, with costs to Foster Wheeler.
• Evans v. Certainteed Corp. (2nd Appellate District, 8th Division, 2012). The Court of Appeal affirmed the trial court's order granting CertainTeed a new trial on all issues, ruling against the Evanses, and declined to reach the punitive damages and CertainTeed's cross-appeal issues.
• Farag v. ArvinMeritor, Inc. (2nd Appellate District, 3rd Division, 2012). The Court of Appeal affirmed the trial court's postjudgment order denying the Farags' motion to tax ArvinMeritor's expert witness costs, holding the joint section 998 offer to the couple was valid.
• Flores v. Kmart Corporation (2nd Appellate District, 5th Division, 2012). The Court of Appeal reversed the trial court's order sustaining Kmart's demurrer without leave to amend, because Kmart's limited record did not show the bankruptcy discharge could constitutionally be applied to the Flores family; the family won the appeal.
• Haver v. BNSF Railroad Co. (2nd Appellate District, 5th Division, 2012). The Court of Appeal reversed the judgment for BNSF entered after its demurrer was sustained without leave to amend, holding collateral estoppel did not bar the children's wrongful death claim; the Haver children won.
• Leonard v. John Crane, Inc. (1st Appellate District, 5th Division, 2012). The Court of Appeal denied John Crane, Inc.'s motion to dismiss the appeal as moot and reversed the judgment entered after the trial court sustained Crane's demurrer without leave to amend, allowing Sandra Leonard to pursue her loss of consortium claim.
• Nolen v. Foster Wheeler Energy Corp. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal reversed the judgment for John and Sarah Nolen against Foster Wheeler and remanded for entry of judgment notwithstanding the verdict in Foster Wheeler's favor.
• Palomares v. Thomas Dee Engineering Company (1st Appellate District, 2nd Division, 2012). The Court of Appeal affirmed summary judgment for Thomas Dee Engineering Company against plaintiff David Palomares, holding he could not show he was exposed to asbestos-containing laundry from the defendant.
• Robinson v. Ssw, Inc. (1st Appellate District, 3rd Division, 2012). The Court of Appeal affirmed summary judgment for SSW, Inc., holding the heirs' wrongful death suit was barred because they sued the dissolved Nebraska corporation after Nebraska's five-year corporate survival period ended.
• Rollin v. Foster Wheeler, LLC (2nd Appellate District, 2nd Division, 2012). The Court of Appeal reversed the judgment for Foster Wheeler, Yarway and Elliott entered after the trial court granted JNOV, affirmed the alternative order granting a new trial on different grounds, and directed a new trial.
• Shields v. Hennessy Industries, Inc. (1st Appellate District, 1st Division, 2012). The Court of Appeal reversed the judgments on the pleadings for Hennessy Industries and remanded, holding the plaintiffs' brake-grinding-machine negligence and strict liability claims were sufficient to proceed.
• Vanhooser v. Superior Court of Los Angeles County (2nd Appellate District, 3rd Division, 2012). The Court of Appeal granted the wife's writ petition and directed the trial court to vacate its summary judgment for Hennessy Industries on her loss of consortium claim and to deny the motion.
• Adams v. Ford Motor Company (2nd Appellate District, 1st Division, 2011). The Court of Appeal affirmed the trial court's order denying the Adams family's motion to tax costs, so Ford Motor Company keeps its award of costs including $167,570 in expert witness fees after its defense verdict.
• Belvedere v. GS Blodgett Corporation (2nd Appellate District, 5th Division, 2011). Affirmed summary judgment for Blodgett on Noella Belvedere's survival and wrongful death claims as time-barred, but reversed it on the wrongful death claims of the three Belvedere children, because a fact question remained.
• Fontes v. Interstate Brands Corporation (2nd Appellate District, 5th Division, 2011). The Court of Appeal affirmed summary judgment for Interstate Brands Corporation and the denial of the Fonteses' new trial motion, with costs on appeal awarded to IBC.
• Galicinao v. McMASTER Carr Supply Company (2nd Appellate District, 3rd Division, 2011). The Court of Appeal reversed the summary judgment for McMaster-Carr Supply Company, holding that the plaintiffs' evidence raised a triable issue on exposure to the company's asbestos products, and the plaintiffs recovered costs on appeal.
• Kelemen v. John Crane, Inc. (2nd District, Division 2, 2011). The Court of Appeal reduced the future noneconomic damages award against John Crane, Inc. from $14 million to $1 million, upheld the finding that plaintiffs were entitled to punitive damages but remanded for a limited retrial on the amount, affirmed the judgment otherwise, and dismissed plaintiffs' cross-appeal as moot.
• Saffold v. Bondex International, Inc. (2nd Appellate District, 7th Division, 2011). The Court of Appeal affirmed the judgment for the Saffold plaintiffs against Bondex, holding that Bondex forfeited its challenge to the jury's allocation of fault for noneconomic damages.
• Webster v. Exxonmobil Oil Corp. (2nd Appellate District, 4th Division, 2011). The Court of Appeal affirmed the trial court's nonsuit for ExxonMobil Oil Corp. because plaintiff's evidence did not support a finding that he was exposed to asbestos at the Torrance refinery.
• Woodard v. Crane Co. (2nd Appellate District, 4th Division, 2011). The Court of Appeal affirmed the trial court's judgment notwithstanding the verdict for Crane Co., so the plaintiffs lost their jury verdict against Crane on the failure-to-warn claim.
• Collins v. Plant Insulation Company (1st Appellate District, 1st Division, 2010). The Court of Appeal reversed the judgment against Plant Insulation Company and remanded for a retrial limited to apportioning fault, with the Navy to be included among the entities to which fault may be allocated, so Plant won and the Collins family lost on that point.
• Davis v. Leslie Controls, Inc. (2nd Appellate District, 7th Division, 2010). The court conditionally affirmed the judgment for plaintiffs John and Anna Davis against Leslie Controls and Warren Pumps, ordering a new trial on non-economic damages unless plaintiffs accept a remittitur of $2,130,000 per defendant.
• Hall v. Warren Pumps LLC (2nd Appellate District, 2nd Division, 2010). The Court of Appeal affirmed the trial court's judgment for the pump and valve makers (Warren Pumps, Yarway, IMO Industries and Crane Co.) and against Bertie Hall, finding they owed no duty for asbestos products made and supplied by others.
• Hankins v. Asbestos Defendants (bhc) (1st Appellate District, 4th Division, 2010). The Court of Appeal affirmed the order allocating 80 percent of the asbestos settlement funds to James Quinn's daughter Juanita Reid and 20 percent to Betty Quinn's estate, rejecting Hankins's claim for a larger share for Hellums.
• Haver v. BNSF Railway Company (2nd Appellate District, 4th Division, 2010). The Court of Appeal affirmed summary judgment for BNSF Railway against Lynne Haver (substituted by her son Josh Haver), holding she could not raise an unpleaded premises-liability theory in her opposition papers.
• Johnson v. Certainteed Corporation (1st Appellate District, 2nd Division, 2010). The Court of Appeal affirmed summary judgment for CertainTeed, holding it owed Johnson no duty in negligence and was not strictly liable, so Johnson lost.
• McCann v. Foster Wheller, LLC (2nd Appellate District, 8th Division, 2010). The Court of Appeal affirmed the trial court's judgment dismissing Terry and Lucille McCann's claims against Foster Wheeler, LLC, holding Oklahoma's statute of repose barred them on remand from the California Supreme Court.
• Reaser v. AW Chesterton Company (2nd Appellate District, 7th Division, 2010). The Court of Appeal reversed the trial court's forum non conveniens dismissal and remanded with directions to stay the action instead, finding Florida a suitable forum on the record but holding that a stay, not dismissal, was the proper remedy; plaintiffs (the Reaser family) won on the remedy, defendants won on the forum.
• Russell v. Ford Motor Company (2nd Appellate District, 8th Division, 2010). The Court of Appeal affirmed the jury's liability and damages findings against Ford Motor Company, but vacated the judgment and remanded so Ford's counsel could review the settlement agreements before a new judgment was entered on the settlement offset.
• Saller v. Crown Cork & Seal Company, Inc. (2nd Appellate District, 1st Division, 2010). The Court of Appeal reversed the judgment for Crown Cork & Seal because the trial court refused to give the consumer expectations and strict liability failure-to-warn instructions, leaving the case open for retrial; plaintiffs recovered their appeal costs.
• Smith v. Pneumo Abex LLC (2nd Appellate District, 3rd Division, 2010). The Court of Appeal affirmed the verdict against Pneumo Abex but reversed the judgment because the trial court wrongly cut the medical-expense award, and it directed a new judgment for Mary Lou Smith of $440,107 plus $85,805.11 in costs.
• Stewart v. Union Carbide Corporation (2nd Appellate District, 5th Division, 2010). The Court of Appeal affirmed the judgment for Larry and Janet Stewart against Union Carbide, including the $6 million punitive damages award, rejecting all of Union Carbide's challenges.
• Teruel-Armstrong v. Borg-Warner Morsetec, Inc. (2nd Appellate District, 3rd Division, 2010). The Court of Appeal reversed the summary judgments for Borg-Warner Morsetec and Volvo Cars, and directed the trial court to vacate the order excluding the witness Sutton and the orders granting summary judgment, because the exclusion sanction was unauthorized.
• Union Carbide Corporation v. Superior Court of Los Angeles County (2nd Appellate District, 2nd Division, 2010). The Court of Appeal denied Union Carbide's petition for writ of mandate, leaving in place the trial court's ruling that John Washington's Texas deposition could be used in the California wrongful death action; Union Carbide lost and the Washington family won.
• Whitmire v. Ingersoll-Rand Company (2nd Appellate District, 4th Division, 2010). The Court of Appeal affirmed summary judgment for Bechtel against Barbara Whitmire and her late husband's claims, because plaintiffs raised no triable issue that Whitmire was exposed to asbestos attributable to Bechtel.
• Wilson v. Certainteed Corporation (1st Appellate District, 1st Division, 2010). The Court of Appeal affirmed summary judgment for CertainTeed Corporation, finding no triable issue that Donald Wilson was exposed to asbestos bound for CertainTeed, so the Wilson family lost.
• Bakkie v. Union Carbide Corporation (1st Appellate District, 2nd Division, 2009). The Court of Appeal modified the judgment to reduce Bakkie's net economic damages against Union Carbide from $2,779,601.22 to $2,130,652.06, affirmed it as modified, and dismissed the purported appeal from the order denying the motion to amend.
• Campbell v. American Standard, Inc. (2nd Appellate District, 4th Division, 2009). The Court of Appeal reversed the trial court's dismissal of Campbell's action for failure to prosecute, finding it was less than two years old, but dismissed the appeal of the earlier stay order as untimely and upheld the denials of relief from the stay.
• Clemmer v. Thorpe Insulation Company (1st Appellate District, 4th Division, 2009). The Court of Appeal affirmed the judgment against Thorpe Insulation Company, holding the evidence supported the jury's finding that Thorpe's asbestos insulation exposed Clemmer, so the Clemmers won and Thorpe lost.
• Handley v. Superior Court of Los Angeles County (2nd Appellate District, 3rd Division, 2009). The Court of Appeal granted plaintiff Wayne Handley's petition for writ of mandate and ordered the trial court to set a trial date within 15 days of finality, rejecting the July 21, 2009 date sought by the defendants (Buffalo Pumps and others).
• Handley v. Superior Court of Los Angeles County (2nd Appellate District, 3rd Division, 2009). The Court of Appeal granted Handley's writ petition and directed the trial court to vacate its summary adjudication order against Handley, reconsider the motion including his "sophisticated user" argument, and rule on its merits; Leslie Controls lost the ruling.
• Mahoney v. Georgia-Pacific, LLC (1st Appellate District, 1st Division, 2009). The Court of Appeal affirmed the judgment of $6,289,544 for plaintiffs Joan and Daniel Mahoney against Georgia-Pacific, rejecting its challenges to causation, attorney misconduct and the scope of the new trial.
• Merrill v. Leslie Controls, Inc. (2nd Appellate District, 3rd Division, 2009). The Court of Appeal reversed the judgment for Richard Merrill against Leslie Controls and affirmed summary judgment for Elliott Company and summary adjudication for Leslie Controls on Tamara Merrill's loss of consortium claim.
• Merrill v. Leslie Controls, Inc. (2nd Appellate District, 3rd Division, 2009). The Court of Appeal reversed the judgment for Richard Merrill against Leslie Controls and affirmed the summary judgment for Elliott Company and the summary adjudication of Tamara Merrill's consortium claim, so the defendants won.