In a landmark victory decision that may offer hope for justice to all victims of take home asbestos exposure, a California court of appeal has ruled that a case of take home asbestos exposure that had been dismissed now can be reinstated and move forward to trial.
Kazan Law is pleased to announce that the court of appeal reversed a lower court’s ruling that would have dismissed a take home asbestos case against Pneumo Abex, a manufacturer of asbestos brakes, brought by Johnny Kesner, who was exposed to asbestos dust brought home from the Abex plant by his uncle, an employee there. (Kesner v. Pneumo Abex, LLC (May 15, 2014) First Dist., Div. 3, Nos. A136378 and A136416).
Kazan Law of-counsel attorney Ted W. Pelletier joined trial counsel from the firm Weitz & Luxenberg to successfully argue the case before the Court of Appeal.
The appeal court decision is of special significance because it is the first one to limit a previous court decision that prevented the owner of a piece of property from being held liable for harmful take home asbestos exposures that resulted from the work done on the property.
That decision, Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15, was issued in November 2012. It determined that Ford was not responsible for asbestos exposure to family members brought home on the clothes of workers installing asbestos-containing insulation while constructing a new Ford factory on the property. The workers were employed by the contractor hired to build the factory not by Ford itself.
Since then, companies successfully argued that this decision applies to them even though they do not merely own the premises but also actually cause asbestos exposure by manufacturing asbestos products or performing the work that released the asbestos dust. Many trial courts, lacking further guidance, have applied the Campbell decision to these cases, depriving asbestos exposure victims of the right to pursue their claims against those responsible.
Kazan Law just helped change that. We helped convince the court that Pneumo Abex, who both owned the land and used it to manufacture asbestos-containing brake products, knowingly exposed its employee George Kesner, Johnny Kesner’s uncle, to asbestos dust that he regularly brought home on his clothes.
In a significant step, the appeal court will publish this decision thus making it binding throughout the state. This published decision will provide much-needed guidance to the trial courts in cases involving a defendant who actively created the asbestos exposure hazard that caused injury and who also happened to own the premises where it happened.