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ASBESTOS DRUGS POLLUTANTS ACCIDENTS MALPRACTICE

In the court of appeals of the state of Washington

RONALD LUNSFORD and ESTHER LUNSFORD,

Appellants

v.

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
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IN THIS SECTION
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


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