Davis

Davis v. Foster Wheeler Energy Corp.

Good Law
140 Cal. Rptr. 3d 682·2012 Cal. App. LEXIS 497·205 Cal. App. 4th 731·2012 WL 1435016
Court of Appeal of CaliforniaApril 26, 2012No. B226089California2,099 words

Opinion

Lead Opinion

Armstrong, J.

*733 Opinion

Plaintiffs and appellants Marilyn Davis, John Davis, Tim Davis, and Jeff Davis appeal from the judgment entered in favor of defendant and respondent Foster Wheeler Energy Corporation, after Foster Wheeler’s motion for summary judgment was granted. We affirm.

Background

In the 1960’s, Ronald Davis (husband to Marilyn and father to the other plaintiffs) worked at the Shell Chemicals plant in Torrance as an instrument technician. Foster Wheeler designs and manufactures steam generating equipment. There were three Foster Wheeler boilers at the Shell plant while Ronald Davis worked there, and Davis at times worked near those boilers.

Ronald Davis was diagnosed with mesothelioma in 2008, and died in 2009.

Plaintiffs sued Foster Wheeler and many others, bringing causes of action for negligence, strict liability, breach of warranty, and loss of consortium, 1 on factual allegations that Davis was exposed to defendants’ asbestos and asbestos-containing products and that defendants failed to warn of the dangers of those products.

Foster Wheeler moved for summary judgment on the ground that it did not manufacture, sell, or distribute any asbestos-containing product, that…

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