Saller
Saller v. Crown Cork & Seal Co., Inc.
Opinion
Opinion
Johnson, J.
Plaintiffs appeal from a judgment in favor of defendants Bondex International, Inc. (Bondex), RPM, Inc., and Crown Cork & Seal Company, Inc. (Crown), in their action for wrongful death. Plaintiffs’ decedent William Saller died of mesothelioma, an asbestos-related disease, in February 2006. Mr. Saller asserted two sources of exposure to asbestos; his employment at Standard Oil where he was exposed to pipe insulation containing asbestos manufactured by Crown, and his personal use of joint compound manufactured by Bondex for home repair. At trial, the court refused to give plaintiffs’ requested jury instructions on the consumer expectations test and failure to warn. We reverse.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Background Facts
William Saller was diagnosed with mesothelioma in June 2005, and died in 2006. Mr. Saller was bom in 1937, and joined the Marines in 1954. In August 1959, he went to work for Standard Oil at its El Segundo refinery. He worked there for seven and a half years, and worked for the Los Angeles County Sanitation District from 1967 until 1993. Although Saller did not work with asbestos-containing products at his employment, he worked in close…