Davis

Davis v. Lockheed Corp.

Good Law
13 Cal. App. 4th 519·17 Cal. Rptr. 2d 233·1993 Cal. App. LEXIS 152·58 Cal. Comp. Cases 72·93 Cal. Daily Op. Serv. 1262
Court of Appeal of CaliforniaJanuary 28, 1993B054692California1,242 words

Opinion

Opinion

Vogel, J.

We affirm a summary judgment granted against plaintiff Willie J. Davis in his personal injury action against his former employer, defendant Lockheed Corporation.

Facts

Davis was employed by Lockheed from 1952 to 1985 in a variety of jobs, all of which exposed him to various chemicals, including asbestos. In 1981, Davis began to lose his voice and he consulted his personal physician who, in turn, referred him to a specialist, Sol Silberstein, M.D. Davis told Silberstein that, through his work, he had been exposed to asbestos and other chemicals. In June 1981, a biopsy revealed that Davis had laryngeal cancer. He received radiation therapy and was off work for several months.

When Davis returned to work in November 1981, he told Lockheed’s medical department personnel that he had been “out for cancer of the vocal cords.” But although he believed at that time that his cancer might have been caused by “chemicals or asbestos,” he did not tell anyone at Lockheed about his suspicions and he never refused to work with asbestos or any other chemical. He did, however, complain to his supervisors and to the safety engineer that asbestos was unsafe and was improperly handled by…

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