Ferris

Does Sindell 's burden-shifting “market share” theory of tort liability apply in litigation seeking recovery for personal injury and

wrongful death from inhalation of asbestos fibers? (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588 [ 163 Cal.Rptr. 132 , 607 P.2d 924 , 2 A.L.R.4th 1061 ] (Sindell).) As will appear, while the answer to that general proposition has been the subject of uncertainty, we conclude the circumstances presented by this record make it unnecessary for us to resolve the issue vel non.. It is sufficient, we decide, that assuming Sindell relief may under some circumstances be available to plaintiffs in asbestos-related tort litigation, the record in this appeal fails to furnish the requisites necessary to establish that species of group tort liability. In light of that conclusion, we hold the superior court did not err here when it barred plaintiffs from pursuing Sindell relief at trial. For not unrelated reasons, we also conclude the trial court was correct when it granted a defense motion for nonsuit on plaintiffs’ civil conspiracy claims. Given these dispositions, we will affirm the ensuing judgment for defendant from which this appeal is…