Unprecedented Expansion of Strict Products Liability Rejected by California Supreme Court

January 30th, 2012

 
In a lawsuit against two companies that manufactured components of steam propulsion systems used on ships during and after WWII (namely Crane Co. and Warren Pumps LLC), the Supreme Court of California ruled the rejection of the expansion of liability for faulty products. The plaintiff was the family of Patrick O’Neil, a member of the U.S Navy who died of mesothelioma in 2005. Evidence showed that the “Essex Class” carrier was built in the early 1940s, and that Warren pumps and Crane valves were connected to other components with asbestos-containing flange gaskets. Because these other components were designed, made and sold by other companies, the Court ruled that the defendants cannot be held liable for the injury caused.
 
Mesothelioma is a pulmonary cancer caused by exposure to asbestos. The use of asbestos in army battleships, carriers, destroyers and aircrafts was common practice before its banning in the late ‘60s. This widespread use of asbestos can be explained by its excellent insulating and fireproofing characteristics, and accounts for the high asbestos risk for veterans who served time on equipment that used it. Symptoms in people affected may appear as late as 50 years after exposure and this long period of latency not only makes diagnosis difficult, but it also complicates mesothelioma lawsuits.
 
In its reasoning, the Court stated that the manufacturers of pumps and valves sought in the lawsuit cannot be held liable for injury caused by an adjacent or replacement product made by a different company, even when it was predictable that the combination of products would cause harm. It was also stated the asbestos that caused the mesothelioma in O’Neil was contained in thermal insulation, replacement gaskets and packing made by other manufacturers than Crane Co. and Warren Pumps.

Shipyard Worker Mesothelioma Lawsuit Results in $25M Verdict

April 4th, 2011

In a recent case of mesothelioma a Virginia jury has awarded $25 million to a former shipyard worker who filed a mesothelioma lawsuit Read the rest of this entry »

2 Contaminated Oregon Sites Proposed for Federal Superfund

March 16th, 2011

Two contaminated buildings namely: Astoria shipyard and a Klamath Falls subdivision were proposed for listing as federal Superfund cleanup sites Read the rest of this entry »

Radio man who alerted to Pearl Harbor attack dies in Montana

February 11th, 2011

BILLINGS – Ed Chlapowski who was a radio man stationed at the Navy base in December 1941 died Read the rest of this entry »

Workers Join Legal Settlement That Could Pay Out As Much As $815 Million

January 18th, 2011

A case relating to asbestos lawsuit was filed in St. Clair County’s asbestos docket. The lawsuit was filed by Dorothy L. Kainer, Kimberly M. Kainer and Lisa K. Foreman on 18th November against 29 defendant companies Read the rest of this entry »

Asbestos Effect- 9/11 Workers Exposed to Toxins in a Legal Settlement against NYC

December 3rd, 2010

The 9/11 involved rescue and the cleanup workers as well as the fire fighters and the policemen are suing the New York City for exposing them to toxic dust Read the rest of this entry »

Shipyard Workers Get New Safety Standards for Protection from Mesothelioma-Causing Asbestos

October 7th, 2010

Mesothelioma cancer is an aggressive form of cancer which is caused by breathing in fine type of asbestos fibers which then become settled in the thin membrane that lines and largely encases the lungs area. Read the rest of this entry »

Asbestos Lawsuits Cited as Cause for Company’s Bankruptcy

August 23rd, 2010

A valve making company has filed for bankruptcy protection as the expense of meeting legal costs for ongoing asbestos lawsuits has exceeded the profits Read the rest of this entry »

Court finds U.S. Navy partially responsible in a lawsuit concerning Mesothelioma

July 6th, 2010

The court has found 17 people liable for the death of Ulysses Collins, who died in 2005 five after being exposed to asbestos during his service. Read the rest of this entry »

Navy to share the burden in asbestos case

June 8th, 2010

A ruling by the California appeals court on Thursday changed the immunity the U.S. Navy enjoyed to date Read the rest of this entry »