Calif. Court Reverses Summary Judgment Award, Says Asbestos Defendant Owed Duty

SAN FRANCISCO –– A California appellate court has reversed an award of summary judgment entered in favor of an asbestos defendant, opining that General Industry Safety Orders issued at the time of exposure established a duty to exercise reasonable care to avoid exposing the decedent to asbestos.

In the June 17 opinion, the California Court of Appeal, First District, Division 3, did state that, despite its finding that a duty existed, a number of issues remain for determination, including the quantity of asbestos to which plaintiff was exposed and whether the defendant was negligent in failing to take reasonable protective …