Analysis: Retroactive application
Saberhagen argues that the adoption of § 402A by Ulmer and Tabert was a new rule and is therefore subject to a three-part analysis under Chevron Oil to determine whether it should apply retroactively. Since none of the Washington cases previously applied the Chevron Oil test and squarely addressed the issue, Saberhagen argues the test should be applied here. Under Saberhagen’s analysis, the adoption of § 402A should not apply retroactively to Lunsford’s exposure.
Courtesy of The Court of Appeals of the State of Washington
Lunsford mesothelioma case of secondary exposure to asbestos