Defendants Seek High Court Review of Calif. Appeals Court Second Disease Ruling

SACRAMENTO, Calif. - Defendants in a recent California case where a seaman was allowed to proceed with a lawsuit filed some five years after he was first diagnosed with asbestos-related illness have filed a petition with the state Supreme Court asking it to determine whether federal maritime law should have been applied to bar the action. Wagner v. Apex Marine Ship Management Corp., No. A087349 (Calif. Sup. Ct.).

Defendants filed the petition Nov. 13 in the Supreme Court, arguing the decision to let plaintiff Robert Wagner seek damages under the Jones Act for injuries allegedly caused by asbestos undermines established …