A ruling by the California appeals court on Thursday changed the immunity the U.S. Navy enjoyed to date in asbestos cases even though a very large number of veterans suffer the consequences of asbestos exposure during service with the Navy.

Ulysses Collins died of mesothelioma five years ago. He had worked in naval shipyards from 1960-73 and 1976-94. 17 entities were ordered to share the damages in the asbestos lawsuit that obtained a jury verdict of $10 million. One of the entities that was allocated 20 percent of fault, Plant Insulation Company, appealed to the state First District Court of Appeals on the exclusion of the Navy from the list of those responsible.

In the words of the appellate court decision, “Plant argues the Navy’s immunity is essentially one from suit and does not mean the service owes no duty of care as to its enlisted personnel and civilian employees and thus cannot be characterized as a ‘tortfeasor’ for purposes of Proposition 51. Plaintiffs contend sovereign immunity is based on the historical adage ‘the King can do no wrong’ and therefore the Navy’s actions cannot be ‘wrongful’ and thus no ‘fault’ can be allocated to the service.”

The statement of the court that, “We agree with Plant and conclude the Navy is properly included among those entities to which fault may be apportioned in an asbestos case,” may have far-reaching consequences. Attorney Mark Behrens of Shook Hardy & Bacon calls the verdict “significant.”