The verdict of a California appeals court that has overturned a $5.6 million ruling on an asbestos case might well mark the beginning of a turn in the tide of similar cases. The court decided that valve-maker The William Powell Company could not be held responsible for Edward Walton’s lung cancer.
Powell sold metal valves, together with asbestos packing and gaskets, to the U.S. Navy in the 1940s. Walton served in the U.S. Navy in the period that Powell was a supplier of metal valves, along with asbestos packing and gaskets. In 2005, Walton was diagnosed with lung cancer and like so many others, he filed a lawsuit against 46 defendants.
The decision of the court was released on Thursday and held that “Powell contends that the Walton’s claims for strict liability and negligence fail because its valves were not defective and caused no injury to Edward Walton.” It was also stated that “Powell supplied none of the asbestos products to which Edward Walton was exposed, and its valves had no defect rendering Powell liable for the injuries that Walton may have sustained through exposure to asbestos products from other sources.” No evidence was found linking Powell products to Walton’s exposure. The court also said that Powell had no duty to warn any users that its valves would be used with asbestos-laden products. Walton received $20 million in noneconomic damages, with Powell being held responsible for 25 percent of it.
Two other similar cases are presently before the state Supreme Court. One is on behalf of the late Patrick O'Neil, in charge of repairs and maintenance of equipment in the boiler rooms, engine rooms and machine room on an aircraft carrier. The question under consideration is: “Can the manufacturer of valves and fittings installed on Navy ships, and designed to be used with asbestos packing, gaskets, and insulation, rely on the 'component parts' defense or related theories to preclude strict liability for asbestosis injuries years later suffered by seamen on those ships?”
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