Sunday, September 07, 2008

In the court of appeals of the state of Washington

RONALD LUNSFORD and ESTHER LUNSFORD,

Appellants

SABERHAGEN HOLDINGS, INC.,

FIRST DOE through ONE-HUNDREDTH DOE,

Respondents.

No. 57293-8-I

Division One

Published Opinion

Filed: June 25, 2007

APPELWICK, C.J. — At issue is whether strict product liability retroactively applies to claims arising from injuries caused by exposure to asbestos that occurred before Washington’s adoption of strict product liability.

We conclude because strict product liability was retroactively applied to litigants in previous asbestos exposure cases, it retroactively applies to all subsequent litigants. It cannot be selectively prospectively applied.

The trial court erred when it held as a matter of law that Saberhagen cannot be held liable to Lunsford under a strict liability theory. We reverse and remand.

Courtesy of The Court of Appeals of the State of Washington

Mesothelioma & Asbestosis Mortalities Across the US: 1979-2001 (c/o EWG)

“We have seen first-hand how asbestos has wreaked havoc on Americans working in naval shipyards, automobile plants, and the construction industry. Most often this is through their employers’ conscious choice for profits over a worker's health.”

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Mesothelioma Asbestos Asbestos Help: More Information News & Warnings IN THIS SECTION Facts of the case Defendant motion for summary judgment strict liability Summary judgment standard Review on appeal Retroactive application standard Strict liability for product defect Restatement of Torts Washington Supreme Court Decisions Washington appellate court decisions Retroactive application U.S. Supreme Court decision Applicability of Chevron Oil Application standard Taskett King Broad rule Strict product liability standard Robinson not overruled Atsbeha standard Binding precedent Griffith and St. Pierre cases Audett case Chevron standard American Law Institute

see also: Washington appellate court decisions Lunsford mesothelioma case: Washington appellate court decisions Read about Washington appellate court decisions and mesothelioma Retroactive application Discussion of retroactive application in Lunsford mesothelioma case Read about retroactive application in Lunsford mesothelioma case Christiansen v. Union Pacific Christiansen v. Union Pacific: Important Asbestos litigation decision Read about the asbestos case of Christiansen v. Union Pacific

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