Williams v. J-M Manufacturing Company

Discussion.

1 asbestos, and that the pipe sold by J-MM was a substantial factor in increasing his risk of developing cancer. J-MM raises three arguments in this appeal. First, J-MM argues it was entitled to judgment because, as a matter of law, strict liability does not apply in favor of Cornelius, a non-household member of his brother, under our Supreme Court’s decision in Kesner v. Superior Court (2016) 1 Cal.5th 1132 (Kesner). Kesner, a negligence case, held that employers and premises owners owe a duty of care to prevent secondary exposure to asbestos carried by the bodies and clothing of on-site workers, but that the duty extends only to members of a worker’s household. (Id. at p. 1140.) J-MM argues that Kesner’s limitation on the duty of care for claims based on negligence should be applied to strict liability claims against suppliers or sellers of asbestos products. Second, J-MM argues the judgment must be reversed because there was no substantial evidence that Cornelius was exposed to asbestos from pipe supplied by J-MM (rather than another supplier). Third, J-MM argues in the alternative that even if it is not entitled to a defense judgment, it is entitled to a new trial…