Shields

Shields v. Hennessy Industries, Inc.

Bad Law
205 Cal. App. 4th 782
Court of Appeal of CaliforniaApril 13, 2012No. A130213California6,791 words

Opinion

Lead Opinion

Marchiano, J.

Plaintiffs in these consolidated actions appeal from judgments on the pleadings in favor of defendant Hennessy Industries, Inc. (Hennessy), the manufacturer of a brake arcing machine. Each of the plaintiffs alleged Hennessy’s machine was designed and used exclusively for the purpose of shaping, by grinding action, brake linings that were manufactured by others, but contained asbestos fibers that were dangerously released into the air by the normal action of Hennessy’s machine. The trial court ruled that, because Hennessey’s machine itself was not made with asbestos and Hennessy did not itself manufacture or distribute any product made with *784 asbestos, plaintiffs had not, and could not, plead a viable cause of action against Hennessy for negligence or strict products liability.

As discussed below, we conclude, in light of the Supreme Court’s recent decision in O’Neil v. Crane Co. (2012) 53 Cal.4th 335 [ 135 Cal.Rptr.3d 288 , 266 P.3d 987 ] {O’Neil), as well as earlier Court of Appeal decisions including Taylor v. Elliott Turbomachinery Co. Inc. (2009) 171 Cal.App.4th 564 [ 90 Cal.Rptr.3d 414 ] {Taylor), and Tellez-Cordova v. Campbell-Hausfeld/Scott Fetzger Co. (2004)…

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