Burch

*343 Plaintiffs Michael and Cindy Burch sued defendant CertainTeed Corporation, an asbestos-cement (A/C) pipe manufacturer, after Michael Burch contracted mesothelioma following many years of installing A/C pipe throughout California. After trial, the jury returned a verdict for plaintiffs Michael and Cindy Burch on their claims against CertainTeed Corporation for negligence, failure to warn, strict product liability, intentional concealment, and intentional misrepresentation. The court entered judgment for plaintiffs holding defendant 100 percent liable for plaintiffs' economic damages and 62 percent liable for their noneconomic damages according to the jury's fault apportionment. The court granted judgment notwithstanding the verdict (JNOV) on plaintiffs' intentional misrepresentation claim and denied JNOV on plaintiffs' intentional concealment claim.

On appeal, plaintiffs argue that substantial evidence supports the jury's verdict on *103 intentional misrepresentation, and that the court erred in allocating *344 noneconomic damages according to defendant's proportion of fault because Civil Code section 1431.2 1 (Proposition 51) does not eliminate an intentional tortfeasor's…