Jimmy Mettias v. Pep Boys Manny Moe & Jack of Cal.(In re Laosd Asbestos Cases)

*1089 Philip and Febi Mettias, husband and wife, died from complications associated with mesothelioma (Philip in 2013, Febi in 2014), a *1090 cancer caused by asbestos exposure. Their adult children, plaintiffs Nancy Basta, Jimmy Mettias, and Mark Mettias, brought the instant wrongful death action against various defendants. By the time of trial, only two defendants remained, Honeywell International, Inc. (Honeywell) and The Pep Boys-Manny, Moe & Jack (Pep Boys). Plaintiffs pursued causes of action for strict product liability (premised on failure to warn and design defect/consumer expectation theories) and negligence. As here relevant, plaintiffs' theory at trial was that Philip performed perhaps as many as 24 brake repairs on the family Chrysler Lebaron in the late 1980's using asbestos-containing Bendix brake pads, which were made by Honeywell and which he purchased at the Pep Boys store located in Victorville, California. Plaintiffs presented expert testimony that Philip's exposure to asbestos from those repairs, and Febi's exposure from laundering the clothes he wore while making those repairs, contributed to their contracting mesothelioma.

The jury returned a special…