No Error in Retained Control Instruction That Preceded Asbestos Verdict, Court Says

SAN FRANCISCO - A state appeals court has determined that a jury instruction regarding a refinery owner's liability for the asbestos-related injury of an employee of an independent contractor was not issued in error, despite its not being entirely in line with state law. Vinum, et al. v. ExxonMobil Corp., No. A097299 (Calif. App. Ct., First Dist.).

According to the California First District Court of Appeals' Aug. 18 decision affirming a verdict against refinery owner ExxonMobil, no objection on the instruction - which covered the premise owner's liability where it retained control over the work site where the plaintiff's alleged …