Appellate Court Reverses Order That Precluded Consumer Expectation Theory Evidence

SAN FRANCISCO -- A California Appellate Court has issued a peremptory writ of mandate that effectively sets aside an order disallowing asbestos plaintiffs from presenting a consumer expectation theory on design defect. Cadlo, et al. v. John Crane, et al., No. A109193 (Calif. Ct. App., 1st Dist., Div. 5).

In a Feb. 28 decision, the First District of the California Court of Appeal found that the plaintiff used defendant John Crane's product in a foreseeable manner and was therefore entitled to present evidence relating to the consumer expectation theory of design defect.

Plaintiffs Anthony and Maxlyn Caldo sought writ relief …