Morton

Morton v. Owens-Corning Fiberglas Corp.

Good Law
1995 Cal. App. LEXIS 340·33 Cal. App. 4th 1529·40 Cal. Rptr. 2d 22·95 Daily Journal DAR 4605·95 Cal. Daily Op. Serv. 2665
Court of Appeal of CaliforniaApril 11, 1995A062962California2,614 words

Opinion

Opinion

Haerle, J.

I. Introduction

Robert and Pamela Morton brought this strict products liability action against Owens-Coming Fiberglas Corporation (OCF) and others for damages arising from Mr. Morton’s exposure to asbestos containing products and his consequent development of mesothelioma, an asbestos-caused form of cancer. Although Mr. Morton died before the trial was complete, OCF was ultimately found liable to plaintiffs. Judgment was entered against OCF for $3,002,356 in favor of Mrs. Morton as administrator of her husband’s estate and $148,314 in favor of Mrs. Morton individually. OCF urges reversal of the judgment for several reasons. We find that modification of the damage awards is necessary but that OCF is not entitled to reversal of the judgment against it.

II. Facts and Procedural Background

From December 1959 to February 1961, Mr. Morton worked at the New York Shipbuilding Yard in Camden, New Jersey (the Shipyard). He worked as a wireman, installing cable on board ships. The majority of his time at the Shipyard was spent working on a ship called the Kitty Hawk. After working in the Shipyard, Mr. Morton joined the Air Force where he worked as an illustrator. He then worked…

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