California Supreme Court To Review Appellate Split
The California Supreme Court will review an asbestos case against valve and pump manufacturers that will provide the opportunity to reconcile divergent California appellate court views on the issue of whether a manufacturer had a duty to warn of the dangers associated with the subsequent application of asbestos-containing materials to its products.
In O’Neil v. Crane Co., plaintiffs asserted mesothelioma claims of a naval officer that was exposed to asbestos during his military service on ships. A panel of the California Court of Appeal, First Appellate District reversed the trial court and permitted the case to proceed against manufacturers of pumps and valves for harm caused by asbestos-containing replacement packing and insulation which were used with their products but they didn't manufacture.
The appellate court disagreed with the reasoning of the California Court of Appeal, First Appellate District, in Taylor v. Elliott Turbomachinery Co., 171 Cal. App. 4th 564 (2009). Although the facts were very similar to O’Neil, the appellate court in Taylor rejected liability for pump and valve manufacturers as they were manufacturers of non-defective component parts of a greater whole, and they didn't manufacture the asbestos-containing products that caused the harm.
To further complicate the issue, a different panel of the Second Appellate District agreed with the reasoning in Taylor and held that valve manufacturer “owed no duty to warn against dangers in products, used in association with or as replacement parts of its valves, which it did not manufacture or supply.” For detailed write-up of the Second Appellate District's opinion, see our earlier post on Merrill v. Leslie Control, Inc.
