Facts

Decedent Richard Gail Snyder Sr. died of lung cancer. Plaintiffs were his wife Mary Hutton Snyder and adult children Linda Snyder Hoyer, Gail Richard Snyder Jr., Mary Snyder Schreckengost, Margaret Snyder Siegel, and Deborah Snyder Doyle.

Decedent had worked on four to five used Ford vehicles and allegedly removed asbestos-containing brake parts and other automotive parts that were not manufactured by Ford or the manufacturer of the brake parts.

Shortly before the hearing, the Second District Court of Appeal published two conflicting decisions: O'Neil v. Crane Co. (2009) 2009 Cal.App. Lexis 1553 and Merrill v. Leslie Controls Inc. (2009) 179 Cal. App. 4th 262. O'Neil disagreed with Taylor and found parties could be liable for asbestos-containing parts that they did not manufacture, sell, or distribute. Merrill followed Taylor.

The trial court originally agreed with the O'Neil decision and denied summary judgment. Shortly thereafter, the California Supreme Court agreed to review the issue and O'Neil and Merrill were depublished. On a motion for reconsideration, the trial court granted summary judgment in favor of Ford.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the decedent's lung cancer was caused by his work with various asbestos containing products including friction automotive products. Plaintiffs were seeking economic damages, non-economic damages for pain and suffering, loss of consortium, loss of support and punitive damages.

DEFENDANT'S CONTENTIONS:
Ford moved for summary judgment on the grounds that it could not be liable for asbestos-containing parts that it did not manufacture, sell, or distribute pursuant to Taylor v. Elliott Turbomachinery Co., Inc. (2009) 171 Cal.App.4th 564.

Result

Defense motion for summary judgment granted.