Calif. Court Finds Military Contractors Defense Insufficient, Remands Premises Case

SAN FRANCISCO - A federal court has remanded an asbestos premises liability action after noting that the plaintiff had signed a written waiver indicating that his claims excluded exposure at military and federal government job sites. Westbrook v. Asbestos Defendants, No. C-01-1661 (N.D. Calif.).

The U.S. District Court for the Northern District of California ruled July 31 that the complaint filed against defendant Todd Shipyards Corp. should be sent back because, even without the waiver, Todd's military contractor defense would not have shielded the company from liability for claims alleged by plaintiffs Paul and Marlene Westbrook.

The Westbrooks sued Todd …