Bockrath

We granted review to decide how a complaint alleging harmful long-term exposure to multiple toxins must plead causation.

Plaintiff, now deceased, contracted multiple myeloma, a form of cancer, while working at Hughes Aircraft Company from January 1973 to March 1994. His suit named at least 55 defendants, including the manufacturers of common products such as WD-40 and rubber cement, and he alleged that the disease arose through his exposure to harmful substances in their products. His second amended complaint, at issue here, contained causes of action for negligence, strict liability for failure to warn and for design defect, ultrahazardous activity, fraudulent concealment, breach of warranty, and battery.

In his complaint, which is long, rambling, and detailed, plaintiff alleged that he believed he and his immediate coworkers used “most, and perhaps all, of the . . . products.” Through his and his immediate coworkers’ use, he believed he inhaled and had direct skin contact with “most and perhaps all” of them. As for the others, plaintiff alleged he believed that because “all” of the products were used or improperly stored somewhere at the Hughes plant and circulated by…