Kennedy ex rel. Estate of Kennedy v. Southern California Edison Co.

This appeal requires us to examine California tort and products liability law as made expressly applicable to actions in federal court for claims of injury arising out of nuclear power plant incidents. Specifically, we must decide whether the district court erred in (1) refusing to give a jury instruction under Rutherford v. Owens-Illinois, Inc., 16 Cal.4th 953 , 67 Cal.Rptr.2d 16 , 941 P.2d 1203 (1997), in a case involving a single defendant who raises alternative possible sources of injury as a defense; and (2) dismissing claims under California product liability law. For the reasons set forth below, we affirm the district court’s result.

*766 BACKGROUND

Ellen Kennedy died in 1996 of chronic myelogenous leukemia (“CML”). 1 She was forty-three years old. The plaintiffs/appellants are her husband, Joe, and their four children (collectively referred to as “Kennedy”). From 1982 to 1990, Mr. Kennedy worked as a machinist for Southern California Edison Company (“Cal Edison”) at the company’s San Onofre Nuclear Generating Station (“SONGS”).

Plaintiffs sued Cal Edison in federal court, asserting jurisdiction pursuant to the Price-Anderson Act, 42 U.S.C. §§ 2011-2297 , and seeking…