Appeals Court Affirms Verdict, Trial Court Decision on Nondelegable Duty Instruction

SAN FRANCISCO - A California appeals court has affirmed a directed verdict in favor of a premise owner that was cleared of allegations that the company was negligent in causing a former bricklayer's alleged asbestos-related lung cancer. Barkat v. USX Corporation, No. A100946 (Calif. Ct. App., First Dist.).

The First District Court of Appeal affirmed the verdict on June 24, after finding that the trial court did not commit prejudicial error when, prior to the verdict, it refused to instruct the jury on the issue of defendant USX Corp.'s alleged nondelegable duty and vicarious liability. Specifically, the court held that …