Arena

[Opinion certified for partial publication. [*] ]

OPINION

DOSSEE, J.

Owens-Corning Fiberglas Corporation (Owens Corning) and Asbestos Corporation Limited (ACL) appeal from a judgment in favor of respondent Angelo Arena, awarding damages for injuries resulting from occupational exposure to asbestos. We conclude that a supplier of raw asbestos is subject to strict products liability, and in particular, to the consumer expectations test of a product defect. We agree with appellants that the trial court erred in failing to anticipate the Supreme Court's decision that Proposition 51 applies to cases like the instant case in Buttram v. Owens-Corning Fiberglas Corp. (1997) 16 Cal.4th 520 [ 66 Cal. Rptr.2d 438 , 941 P.2d 71 ]. We also conclude that Proposition 51 is applicable to the instant asbestos case even though it is based solely on a strict products liability theory. Because we have determined that Proposition 51 applies here, we must remand the case for a determination of the proper allocation of noneconomic damages.

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Respondent, Angelo Arena, was exposed to asbestos between 1946 and 1977, while working as a machinist and engineering…