Calif. Court Reverses Defense Verdict for Foster Wheeler; Says Evidence Didn’t Support Finding that Plaintiff was Sophisticated User

LOS ANGELES –– A California appellate court has reversed a verdict entered in favor of Foster Wheeler Energy Corp. after finding that the evidence did not support the jury’s determination that the plaintiff was a sophisticated user of the insulation and refractory materials and, therefore, should have known about risks tied to asbestos exposure.

In the April 13 opinion, the California Second District Court of Appeal wrote that “absent some additional evidence tying the existence of the regulations and the extent of compliance to the general awareness of [the plaintiff] and his peer group, the inferences Foster Wheeler seeks to …