Howard

Howard v. Owens Corning

Bad Law
1999 Cal. App. LEXIS 528·72 Cal. App. 4th 621·85 Cal. Rptr. 2d 386·99 Daily Journal DAR 5042·99 Cal. Daily Op. Serv. 4003
Court of Appeal of CaliforniaMay 26, 1999A079518California6,056 words

Opinion

Opinion

McGUINESS, J.

This appeal arises from a lawsuit alleging permanent personal injuries arising from exposure to asbestos and products containing asbestos. Denis B. Howard (Howard) and Malee C. Howard (collectively appellants) appeal a special jury verdict for respondent Owens Coming finding that Howard’s exposure to asbestos was not a cause of injury, damage, loss or harm to him. Appellants contend the trial court erred in denying a directed verdict in their favor, and there was insufficient evidence as a matter of law to support the jury verdict for Owens Coming. We affirm the judgment.

I. Factual and Procedural Background

Howard and his wife filed the instant lawsuit in March 1995. The complaint alleged seven causes of action based on various theories including negligence, strict liability, emotional distress, intentional tort, conspiracy and loss of consortium; and sought general, special and punitive damages against no fewer than 215 named defendants and 300 unnamed does. Specifically, the complaint alleged that as a result of his exposure to asbestos and asbestos-containing products while employed by the United States Navy • and Army between 1960 and 1989, Howard had suffered…

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