For Your Data Morton V. Owens-Corning Fiberglass Corp. Illustration Brief

Morton v. Owens-Corning Fiberglass Corp. representative brief

33 Cal. App. fourth 1529, xl Cal. Rptr. 2nd 22 (1995)

SYNOPSIS:
Appellant asbestos manufacturer sought review of a conclusion from the Superior Court of Alameda County (California), which awarded judgment to respondent surviving wife inwards her strict products liability activity for damages her married adult man suffered from asbestos exposure. Appellant objected to the consumer expectation exam to create upwardly one's heed production defect too preclusion of its state-of-the-art evidence.

OVERVIEW: Appellant asbestos manufacturer sought review of a judgment entered for respondent surviving wife inwards her strict production liability activity for damages her married adult man suffered from asbestos exposure. Appellant contended that it was mistake to apply the consumer expectation exam to create upwardly one's heed production defect too to prevent the purpose of appellant's state-of-the-art bear witness inwards opposition to the consumer expectation test.

HOLDING:
The courtroom modified the damages but otherwise affirmed the judgment for respondent, finding the consumer expectation exam was properly applied to create upwardly one's heed the production defect because at that topographic point were neither complicated blueprint considerations, nor obscure components, nor esoteric circumstances surrounding the purpose of the asbestos too because the production failure was beyond the legitimate, usually accepted minimum security assumptions of an ordinary consumer.

ANALYSIS:
The courtroom concluded that state-of-the-art bear witness was immaterial because bear witness every bit to what the scientific community knew nearly the dangers of asbestos too when they knew it was non relevant to demo what respondent's husband, every bit an ordinary consumer, reasonably expected inwards price of safety.

RULES:
-The consumer expectations exam provides that a production may endure institute defective inwards blueprint if the plaintiff demonstrates that the production failed to perform every bit safely every bit an ordinary consumer would facial expression when used inwards an intended or reasonably foreseeable manner.
-This exam derives from the warranty heritage upon which the production liability doctrine partially rests too recognizes that implicit inwards a product's presence on the marketplace is a representation that it volition safely produce the labor for which it was built.

OUTCOME: The courtroom modified the impairment respect but otherwise affirmed the judgment inwards favor of respondent surviving wife inwards her strict products liability activity for damages her married adult man suffered from asbestos exposure. The courtroom institute that the consumer expectation exam was the proper method to create upwardly one's heed defective production blueprint too that state-of-the-art bear witness was irrelevant to the consumer expectation test.

---
Interested inwards learning how to buy the farm the peak grades inwards your constabulary schoolhouse classes? Want to acquire how to report smarter than your competition? Interested inwards transferring to a high ranked school?


-->

Share this post