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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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