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Torts Keyed to Duncan
Anderson v. Owen-sCorning Fiberglas Corp.
Citation:
810 P.2d 549 (Ca. 1991)Facts
Carl Anderson (plaintiff), an electrician working at the Long Beach Naval Shipyard, sued various manufacturers of products containing asbestos (defendants) for exposing him to asbestos. In his amended complaint, he alleged strict liability for failure to properly warn of the dangers inherent in exposure to the products, seeking punitive damages. The defendants raised a state of the art defense, claiming they could not have known the dangers of asbestos in the concentration associated with their products. Before trial, the plaintiff moved to exclude any state of the art evidence. The defendants argued if the defense was precluded, then the plaintiff should not be allowed to pursue their failure to warn theory.
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