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California Civil Procedure, Keyed to Levine, 6th Ed.
Bockrath v. Aldrich Chemical Co.
Citation:
21 Cal. 4th 71, 86 Cal. Rptr. 2d 846, 980 P.2d 398 (1999)Facts
Thomas Bockrath worked at Hughes Aircraft Company from January 1973 to March 1994, during which time he contracted multiple myeloma, a form of cancer. He filed suit against at least 55 defendants, including manufacturers of common industrial products such as WD-40 and rubber cement. His second amended complaint contained causes of action for negligence, strict liability, ultrahazardous activity, fraudulent concealment, breach of warranty, and battery. The complaint alleged that Bockrath believed he and his coworkers used “most, and perhaps all” of the defendants’ products, and that through use, improper storage, and circulation through the ventilation system, he inhaled or had skin contact with these products. He alleged the chemicals were carcinogenic and, upon reaching his internal organs, were metabolized and migrated to his bone marrow, causing his multiple myeloma.
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