Calif. Court Reverses Defense Verdict, Says Jury Incorrectly Instructed
December 16, 2008
LOS ANGELES -- A California appellate court has reversed a defense verdict entered in favor of packing and gasket defendants at the conclusion of a mesothelioma trial, concluding that the trial court's failure to instruct the jury on a consumer expectation theory of liability was prejudicial to the plaintiffs. Cunningham, et al. v. Buffalo Pumps Inc., et al., No. B198465 (Calif. Ct. App., 2nd Dist., Div. 7).
In the Nov. 24 opinion, the Second District Court of Appeal did find, however, that whether the defendants were protected under the sophisticated user doctrine was an issue that could be further developed …