Dumin

Dumin v. Owens-Corning Fiberglas Corp.

Good Law
1994 Cal. App. LEXIS 950·28 Cal. App. 4th 650·33 Cal. Rptr. 2d 702·94 Daily Journal DAR 13429·94 Cal. Daily Op. Serv. 7319
Court of Appeal of CaliforniaSeptember 22, 1994A061034California2,460 words

Opinion

Opinion

Strankman, J.

In an asbestos personal injury action and related claim, a partial directed verdict was entered in favor of an asbestos insulation distributor for plaintiff’s failure to prove exposure to the distributor’s product. We, too, find insufficient evidence of exposure and affirm the judgment.

Statement of Facts

Edward G. Dumin (Dumin) sued for personal injuries sustained in working with asbestos products, and his wife, Doris, sought damages for loss of consortium in a related action consolidated in the trial court. A number of asbestos manufacturers and distributors were sued, but trial proceeded against respondent Owens-Corning Fiberglas Corporation (OCF) alone. From April 1953 until May 1958, OCF was a nonexclusive distributor of Kaylo, an asbestos insulation product made by Owens-Illinois Glass Company (01). In May 1958, OCF became the manufacturer of Kaylo and continued its distribution.

Dumin, 63 years old at the time of trial, suffers from mesothelioma, an asbestos cancer. Dumin served in the Navy for 20 years from 1945 to 1965, working as a boiler tender and electronics technician aboard several ships and regularly handling asbestos insulation while a boiler tender.…

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