Legal Opinion
Burns v. Jaquays Mining Corp.
Court of Appeals of Arizona
Decided January 15, 1988No. 2 CA-CV 5970PublishedCited by 83 opinions
1Opinion of the Court
OPINION
HOWARD, Presiding Judge.
This is an appeal from the granting of a summary judgment. 1 The main issue in this case is whether subclinical asbestos-related injury is sufficient to constitute the actual loss or damage required to support a cause of action. We hold that it is not.
Jaquays owned land in Gila County upon which it operated an asbestos mill and had a tailings pile. In 1973, the City of Globe approved the creation of a mobile home subdivision, Mountain View Mobile Home Estates, on adjacent land. The plaintiffs were all at one time residents of the trailer park. Asbestos fiber was…
2Cases cited17 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
- York v. First Presbyterian ChurchSupreme Court of the United States · 1985
- James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
- Keck v. JacksonArizona Supreme Court · 1979
12 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- In Re Paoli Railroad Yard Pcb LitigationCourt of Appeals for the Third Circuit · 1990
- Potter v. Firestone Tire & Rubber Co.California Supreme Court · 1993
- Childs v. HausseckerTexas Supreme Court · 1998
- Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
- Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
78 more not listed; retrieve them via the Exa API.