This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Strict Liability
Asbestos Exposure

Candice Clark, individually and as successor in interest to William Home Coburn, deceased; Dennis Coburn, Charles Coburn v. A.W. Chesterton Company, et al.

Published: Mar. 5, 2016 | Result Date: Feb. 16, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-11-275922 Summary Judgment –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Eric L. Brown
(DeBlase Brown Eyerly LLP)

Michael C. Eyerly

Carolin K. Shining
(Shining Law Firm)


Defendant

Edward R. Hugo
(Hugo Parker LLP)

Shelley K. Tinkoff


Facts

Plaintiffs sued various defendants, including Foster Wheeler Energy Corp., for wrongful death relating to alleged asbestos exposure, asserting claims for negligence, products liability and premises owner/contractor liability. Defendants were manufacturers of asbestos products, premises owners, contractors, and suppliers of asbestos products.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that William Coburn died of lung cancer caused by his exposure to asbestos. They claimed that defendants were responsible because of Coburn's work history and the numerous asbestos products to which he had been exposed.

DEFENDANT'S CONTENTIONS:
Foster Wheeler contended that it was entitled to summary judgment because plaintiffs failed to show proof of actual exposure from a Foster Wheeler product.

Result

The court granted Foster Wheeler's motion for summary judgment.

Other Information

FILING DATE: Oct. 28, 2011.


#88816

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390