Legal Opinion

Rodgers v. Sargent Controls & Aerospace

California Court of Appeal

Decided February 7, 2006No. A110023PublishedCited by 36 opinions

1Opinion of the Court

Opinion

SWAGER, J.

The trial court granted respondent’s motion for summary judgment and dismissed appellant’s action for personal injuries caused by asbestos exposure. The court determined that appellant is bound by findings in prior superior court cases that respondent cannot be found liable to appellant as a successor entity to Amot Marine Corporation. We conclude that the doctrine of collateral estoppel cannot be applied to appellant, and therefore remand the case to the trial court for determination of the successor liability issue on the merits.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Appel…

2Cases cited34 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
  3. People v. SimsCalifornia Supreme Court · 1982
  4. Gikas v. ZolinCalifornia Supreme Court · 1993
  5. Consumers Lobby Against Monopolies v. Public Utilities CommissionCalifornia Supreme Court · 1979

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3Cited by36 opinions

  1. Gottlieb v. KestCalifornia Court of Appeal · 2006
  2. Shopoff & Cavallo LLP v. HyonCalifornia Court of Appeal · 2008
  3. Association of Irritated Residents v. Department of ConservationCalifornia Court of Appeal · 2017
  4. Murphy v. MurphyCalifornia Court of Appeal · 2008
  5. Consumer Advocacy Group, Inc. v. ExxonMobil Corp.California Court of Appeal · 2008

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