Colorado Asbestos Case Law

Asbestos decisions from Colorado's courts and the federal courts there: 9 cases in our library so far. For what the law requires today, see Colorado asbestos laws; for where exposure happened, see Colorado asbestos exposure sites.

State supreme court

Colorado Supreme Court

• Fibreboard Corp. v. Fenton (1993). The Colorado Supreme Court affirmed the set-off ruling (only collected settlement sums count) but reversed the directed verdict on failure to warn, holding state-of-the-art evidence admissible, and sent the case back for a new trial, partly favoring Fibreboard and Owens-Illinois and partly Fenton.
• Miller v. Armstrong World Industries (1991). The Colorado Supreme Court answered the Tenth Circuit's certified question no: discovering pleural thickening and calcification did not start the limitations period on a later asbestosis claim, which favored plaintiff Miller over the defendant manufacturers.

State appeals courts

Colorado Court of Appeals

• Fenton v. Fibreboard Corp. (5th Division, 1991). The Colorado Court of Appeals affirmed the $190,000 jury verdict for the plaintiff widow against Fibreboard and Owens-Illinois and the partial set-off ruling, but reversed the costs award and remanded for findings on costs.

Federal district courts

U.S. District Court, District of Colorado

• Mestas v. Air & Liquid Systems Corporation (2019). The district court denied the plaintiffs' motion to join four additional parties, adopted the magistrate judge's recommendation, overruled the defendants' objection, and dismissed only the breach of warranty claims, so the take-home exposure negligence claims against the moving defendants survived.
• Church v. Dana Kepner Company, Inc. (2013). The magistrate judge granted in part and denied in part Dana Kepner's motion to compel and the Churches' motions to quash and for protective orders: the fact and dates of the California settlements and the smoking admission must be provided, but settlement terms and amounts need not be.
• Church v. Dana Kepner Company, Inc. (2012). The court denied Dana Kepner Company's motion to dismiss, so Barbara Church's negligence, strict liability, conspiracy and wrongful death claims proceed.
• Wallic v. Owens-Corning Fiberglass Corp. (1999). The court granted plaintiff Sondra Wallic's motion and awarded her $3,433.57 in fees and costs against Pittsburgh Corning for the improper removal. It also awarded Rule 11 fees and costs against attorney Robert Hamblett and Hassard Bonnington LLP.
• Miller v. Celotex Corp. (1989). The court granted summary judgment to defendants Celotex, Eagle-Picher, Keene and Owens-Illinois because plaintiff Raymond Miller's asbestos claim was filed after Colorado's three-year limitations period expired.
• Rice v. Armstrong World Industries, Inc. (1987). The court denied defendant John Crane's motion for summary judgment, leaving the plaintiff's claims against Crane in place because fact issues remained on whether Crane was a manufacturer under the Colorado Products Liability Act.