Wash. High Court: Duty to Warn Limited to Those in Chain of Distribution
December 17, 2008
- Supreme Court Opinion
OLYMPIA, Wash. -- The Washington Supreme Court has weighed in on whether an asbestos defendant can be held responsible for asbestos affixed to its product by another manufacturer, ruling that such liability cannot be imposed on a defendant that was not in the chain of distribution. Simonetta, et al. v. Viad Corp., et al., No. 80076-6 (Wash. Sup. Ct.).
In the opinion, the high court held that because the unreasonably dangerous product in the proceedings was the asbestos insulation, and not the evaporator encasing the insulation, the evaporator manufacturer can not be held liable for the plaintiff's injuries.