McIndoe

We must decide whether two naval warships are “products” for the purposes of strict products liability and whether a genuine issue of fact exists as to whether asbestos-containing materials originally installed upon such ships caused a decedent’s injuries.

I

In the 1960s, James Mclndoe served aboard two U.S. Naval ships which contained pipe insulation made from asbestos. From 1961-1963, he served aboard the USS Coral Sea, an aircraft carrier built by a predecessor in interest to Huntington Ingalls Inc. (Huntington) and commissioned in 1947. From 1966-1967, he served aboard the USS Worden, a guided missile cruiser built by Bath Iron Works Corporation (Bath) and commissioned in 1963. Aboard each ship, Mclndoe was allegedly present during maintenance work involving the removal of pipe insulation that caused asbestos fibers to float in the air he breathed.

On September 27, 2011, Mclndoe died from complications related to mesothelio-ma, a form of cancer closely associated with asbestos exposure. Plaintiffs-Appellants are Mclndoe’s legal heirs, who filed suit in California state court against Bath and Huntington, 1 arguing that Mclndoe’s exposure to asbestos-containing…