Legal Opinion

Smith v. EXXON MOBIL OIL CORP.

California Court of Appeal

Decided August 3, 2007No. A112101PublishedCited by 21 opinions

1Opinion of the Court

Opinion

KLINE, P. J.

This appeal is from a judgment of wrongful death in which liability was established by application of the doctrine of collateral estoppel. Relying on findings of liability in an earlier personal injury action against it, the trial court precluded defendant and appellant ExxonMobil Oil Corporation (Mobil) 1 from presenting any defense to respondents’ claims of exposure to asbestos, negligence, causation, and allocation of fault. The case went to the jury solely on the issue of damages.

Appellant claims collateral estoppel was erroneously applied because (1) through no fault…

2Cases cited20 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  3. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  4. Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
  5. Viner v. SweetCalifornia Supreme Court · 2003

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3Cited by21 opinions

  1. Murphy v. MurphyCalifornia Court of Appeal · 2008
  2. Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc., California Court of Appeal, 5th District2017
  3. Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
  4. Ayala v. Dawson, California Court of Appeal, 5th District2017
  5. Direct Shopping Network, LLC v. JamesCalifornia Court of Appeal · 2012

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