Carter v. Johns-Manville Sales Corp.

MEMORANDUM OPINION AND ORDER

ROBERT M. PARKER, District Judge.

The parties to this, cause have stipulated to certain facts, for purposes of this cause only, to perfect an appeal of the issue whether a manufacturer may defeat a strict liability claim, based in part on lack of adequate warnings on its products containing asbestos, by proving that it did not know and, held to the knowledge and skill of an expert, could not reasonably have known or foreseen the potential dangers of exposure to such products. This is what asbestos defendants refer to as the “state of the art” defense. For reasons…