Schudel

Schudel v. General Electric Co.

Good Law
35 F. App'x 484
United States Court of Appeals for the Ninth CircuitMay 10, 2002No. 99-36089; D.C. No. CV-92-00081-AAMCalifornia1,853 words

Opinion

Lead Opinion

MEMORANDUM **

David Schudel, Timothy Schudel, Sandra Schudel, Daniel Glass and Craig Thomp *486 son (collectively called “the Schudels”) appeal from the dismissal of their claims. Deborah Guaragna-Williams (“Williams”) appeals asking us to reinstate the original jury verdict in her favor.

Background

This diversity case involves claims for damages from negligence and loss of consortium against defendants General Electric Company (“General Electric”) and Kaiser Aluminum and Chemical Corporation (“Kaiser”). Kaiser contracted with General Electric to clean up solvents at Kaiser’s Trentwood facility. All of the plaintiffs except one were employed by General Electric on the cleanup. 1 These plaintiffs alleged they developed various neurological and respiratory problems from exposure to two of the solvents.

The jury returned verdicts for the plaintiffs. The defendants moved for judgment as a matter of law (“JNOV”) or in the alternative a new trial. The district court granted JNOV with respect to all claims asserted by the Schudels. The court affirmed the verdict in favor of Williams.

Defendants appealed the verdict in favor of Williams. The Schudel plaintiffs appealed the granting…

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