22 Fed. R. Evid. Serv. 241, prod.liab.rep.(cch)p 10,931 Cleo Kisor, as Personal Representative of the Estate of Leonard F. Kisor, Deceased v. Johns-Manville Corp., Owens-Illinois, Inc.
Opinion
Opinion
783 F.2d 1337 22 Fed. R. Evid. Serv. 241 , Prod.Liab.Rep.(CCH)P 10,931 Cleo KISOR, as Personal Representative of the Estate of Leonard F. Kisor, Deceased, Plaintiff-Appellant, v. JOHNS-MANVILLE CORP., et al., Defendants, Owens-Illinois, Inc., Defendant-Appellee. No. 84-4380. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1985. Decided Feb. 27, 1986. Raymond J. Conboy, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for plaintiff-appellant. Michele C. Coyle, Gibson, Dunn & Crutcher, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT and REINHARDT, Circuit Judges, and STRAND, * District Judge. EUGENE A. WRIGHT, Circuit Judge: 1 In this appeal we must decide whether a manufacturer's ignorance of an asbestos product's danger is a defense to a wrongful death claim based solely upon a strict liability theory under Washington law. We hold that it is not. FACTS AND PROCEEDINGS BELOW 2 In 1980, Leonard Kisor, an asbestos worker for 34 years, died of mesothelioma, an abdominal cancer that results from the inhalation of asbestos fibers. 1 His widow sued…