Collins

I. Introduction

Defendant Plant Insulation Company appeals from the judgment against it in this asbestos case, claiming the trial court erred in excluding the United States Navy from the list of entities as to which the jury could apportion “fault” pursuant to Proposition 51. We agree, and reverse and remand for a retrial on apportionment.

II. Factual and Procedural Background

We set forth only those facts pertinent to the appeal. Plaintiffs and respondents Cloristeen Collins and Patricia Collins (plaintiffs) are, respectively, the wife and daughter of Ulysses Collins (Collins). Collins died on May 8, 2005, of mesothelioma contracted as a result of workplace exposure to asbestos. Collins worked as a welder at the Hunters Point Naval Shipyard from 1960 to 1973, and as a boilermaker welder at the Standard Oil refinery in Richmond from 1973 through 1976. His last job was at the Mare Island Naval Shipyard, where he worked as a structural welder and pipewelder from 1976 through 1994. Throughout his career, Collins worked extensively with asbestos and asbestos-containing products, including those distributed and installed by defendant Plant Insulation Company (Plant).

At…