McCann

McCann v. Foster Wheeler

Good Law
160 Cal. App. 4th 689·2008 Cal. App. LEXIS 296·73 Cal. Rptr. 3d 96
Court of Appeal of CaliforniaFebruary 28, 2008B189898California4,101 words

Opinion

Opinion

Cooper, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 691 OPINION SUMMARY A plaintiff who has resided in California for 30 years was exposed to asbestos during the installation of a boiler in Oklahoma 50 years ago. The boiler was designed and sold by a New York company to a purchaser in Oklahoma. Following his diagnosis with an asbestos-related medical condition several years ago, the California resident brought suit in California against the New York company. The trial court determined that Oklahoma's statute of repose barred the suit. Contrary to that determination, we conclude that choice of law principles dictate the application of California law, which does not bar the suit. *Page 692 FACTUAL AND PROCEDURAL BACKGROUND In the late 1950's, Terry McCann was employed by a construction company at an oil refinery in Oklahoma. While working at the refinery, he was exposed to asbestos during the installation of a boiler designed and manufactured by Foster Wheeler, a New…

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