Campbell

Campbell v. Ford Motor Co.

Good Law
141 Cal. Rptr. 3d 390·2012 Cal. App. LEXIS 593·206 Cal. App. 4th 15·2012 WL 1820919
Court of Appeal of CaliforniaMay 21, 2012No. B221322California7,155 words

Opinion

Lead Opinion

Woods, J.

INTRODUCTION

Plaintiff, a California resident (since 1956) who had lived in New Jersey until 1951, filed a premises liability action against Ford Motor Company, alleging she had been diagnosed with mesothelioma as a result of her exposure to asbestos from laundering her father’s and brother’s asbestos-covered clothing during the time they worked with asbestos as independent contractors hired by Ford to install asbestos insulation at its Metuchen, New Jersey, plant. At trial, the jury found Ford liable for 5 percent of the plaintiff’s damages and awarded her $40,000. Ford appeals, claiming (1) the New Jersey statute of repose bars plaintiff’s action and (2) it owed plaintiff no duty in this case. We disagree on the first point but agree on the second and therefore reverse.

*20 FACTUAL AND PROCEDURAL SUMMARY

In 2004, Eileen Honer was diagnosed with mesothelioma. 1 A few months later, she filed a complaint asserting a premises liability cause of action against Ford Motor Company (among other defendants), alleging her father and brother had worked as insulators at jobsites including Ford’s Lincoln-Mercury plant in Metuchen, New Jersey. As a result, she alleged, they were…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.