Franklin

Jeannette Franklin, now deceased, and her husband, Darrel Franklin (respondents), filed an action for personal injury, premises liability and loss of consortium against several defendants, including appellant USX Corporation (USX). Respondents contended that Jeannette had contracted mesothelioma, an asbestos-caused cancer, as a result of childhood exposure to secondhand asbestos carried home by her parents, who worked at the Western Pipe & Steel Shipyard (WPS) in South San Francisco during World War II. Respondents sought to hold USX liable for their injuries on the theory that it was the successor in interest to WPS. By stipulation, the successor in interest issue was tried by the court on a statement of facts that were either agreed to or disputed, along with an agreed-upon documentary record; no testimony was presented in this phase of the trial. The trial court concluded that USX was the successor in interest to WPS, and was therefore liable for any damages caused by WPS. In a bifurcated proceeding, a jury decided the issues of liability and damages, and returned a verdict against USX in excess of $5 million.

USX appeals the trial court’s conclusion that it was the…