Overly

Overly v. Ingalls Shipbuilding, Inc.

Good Law
1999 Cal. App. LEXIS 749·74 Cal. App. 4th 164·87 Cal. Rptr. 2d 626·99 Daily Journal DAR 8325·99 Cal. Daily Op. Serv. 6528
Court of Appeal of CaliforniaAugust 12, 1999A077665California4,800 words

Opinion

Opinion

Haerle, J.

I. Introduction

Robert and Louise Overly (the Overlys) sued Ingalls Shipbuilding, Inc. (Ingalls) and others for personal injury and loss of consortium resulting from Robert’s exposure to asbestos. A jury found Ingalls and another defendant, Avondale Industries, Inc. (Avondale), guilty of negligence and awarded the Overlys substantial damages. In this appeal, Ingalls argues: (1) the trial court made erroneous evidentiary rulings which mandate reversal of the judgment; (2) Ingalls was denied a fair trial because the jury was not given evidence pertaining to defendants who did not participate at trial; (3) the trial court erred by allowing the Overlys to recover future economic damages for the period of Robert Overly’s shortened life expectancy; and (4) the trial court’s allocation of prior settlements between this case and a prospective wrongful death case was erroneous.

We reject each of Ingalls’s arguments and affirm the judgment,

II. Statement of Facts

A. Background

Robert H. Overly (Robert) was born in 1922 and married Louise in November 1949. They have two adult daughters. In January 1996, Robert was diagnosed with mesothelioma, a cancer of the lining of the lung…

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