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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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see also:

U.S. Supreme Court decision Lunsford mesothelioma case: Discussion of Supreme Court decision
Read about Lunsford mesothelioma case and a Supreme Court decision

Summary judgment standard Lunsford case: mesothelioma summary judgment standard
Lunsford: Discussion of mesothelioma and the summary judgment standard

Warnings Get Information on Asbestos Warnings and Receive a Free Legal Review.
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