Russell v. Superior Court

Opinion

LOW, P. J.

We hold that the Fair Responsibility Act of 1986, popularly known as Proposition 51, is not retroactive.

Petitioner James Russell is plaintiff in a personal injury action pending before respondent superior court. Russell alleges he has contracted a lung disease from exposure to asbestos, and names as defendants several companies who manufactured or distributed the asbestos products to which Russell was exposed during his lifetime. The defendants’ liability was governed by the traditional principle of joint and several liability: if a defendant was found to be a proximate cause…