Hernandezcueva

Hernandezcueva v. E.F. Brady Co.

Good Law
196 Cal. Rptr. 3d 594·2015 Cal. App. LEXIS 1143·243 Cal. App. 4th 249
Court of Appeal of CaliforniaDecember 22, 2015No. B251933California7,262 words

Opinion

lead Opinion

Maneela, J.

— Joel and Jovana Hernandezcueva asserted claims for negligence and strict products liability, together with several related claims, against respondent E.F. Brady Company, Inc. (E.F. Brady), alleging that asbestos-containing products it distributed caused Joel Hernandezcueva’s mesothelioma. At trial, following presentation of the Hernandezcuevas’ casein-chief, the court granted E.F. Brady’s motion for nonsuit on their claim for strict products liability and some related claims. After the jury returned special verdicts against the Hernandezcuevas on their negligence claim, they filed an unsuccessful motion for a new trial.

*253 Appellant Jovana Hernandezcueva challenges the rulings on the motions for nonsuit and a new trial. 1 In the published portion of this decision, we conclude the trial court erred in granting a nonsuit on the strict products liability claim because the Hernandezcuevas’ evidence sufficed to show that E.F. Brady, while acting as a subcontractor in the construction of a commercial building, was in the stream of commerce relating to the asbestos-containing products, for purposes of the imposition of strict liability. In the unpublished portion of this…

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