Gerlach

Gerlach v. Goodman Lumber Co. CA1/1

Good Law
Court of Appeal of CaliforniaJuly 27, 2016A144642California3,245 words

Opinion

Opinion

Margulies, J.

I. BACKGROUND

Charlifue worked as a taper and painter for U.S. Taping Company (U.S. Taping) between 1972 and 1978. As a taper, Charlifue’s job was to smooth out walls and ceilings

1 Charlifue passed away during the pendency of this appeal and Andrea Gerlach, his successor in interest, has been substituted as an appellant. We refer to Charlifue, Christine Charlifue, and Gerlach, collectively, as plaintiffs. 2 Plaintiffs also appeal the trial court’s denial of their motion for a new trial. As we find summary judgment was improperly granted, we need not and do not reach the issue. where drywall had been hung. In doing so, Charlifue would apply a joint compound to the drywall and later sand the compound between coats. For the first three or four years, Charlifue worked with a dry powdered joint compound that he mixed with water. Pouring the powdered mixture released dust, which Charlifue would later clean up with a broom. Plaintiffs assert these joint compounds contained asbestos, and that they were purchased from Goodman. In or around 1976, Charlifue began working with premixed joint compounds. In 2014, after Charlifue was diagnosed with mesothelioma, plaintiffs filed this personal…

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