Calif. Court Affirms Sufficiency of Evidence for Negligence Claim

SAN FRANCISCO - A California appellate panel has ruled that a premises owner that failed to show it was aware of the 1950s threshold limit value for asbestos exposure cannot reasonably rely on the TLV standard as a defense to a mesothelioma plaintiff's negligence claim. Kinsman, et al. v. Unocal Corp., Nos. A093424, A093649 (Calif. Ct. App., 1st Dist.).

The Court of Appeal, 1st District, also said in its unpublished June 20 opinion that Unocal Corp. failed to show it complied with the TLV by taking steps to ensure asbestos emissions at its Wilmington, Calif., refinery remained within a "safe" …