Legal Opinion

Lunsford v. Saberhagen Holdings, Inc.

Court of Appeals of Washington

Decided June 25, 2007No. 57293-8-IPublishedCited by 22 opinions

1Opinion of the Court

¶1 —At issue is whether strict product liability retroactively applies to claims arising from injuries caused by exposure to asbestos that occurred before Washington’s adoption of strict product liability. We conclude because strict product liability was retroactively applied to litigants in previous asbestos exposure cases, it retroactively applies to all subsequent litigants. It cannot be selectively prospectively applied. The trial court erred when it held as a matter of law that Saberhagen cannot be held liable to Lunsford under a strict liability theory. We reverse and remand.

Appelwick,…

2Cases cited35 opinions

  1. Griffith v. KentuckySupreme Court of the United States · 1987
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  4. James B. Beam Distilling Co. v. GeorgiaSupreme Court of the United States · 1991
  5. Cipriano v. City of HoumaSupreme Court of the United States · 1969

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3Cited by22 opinions

  1. Lunsford v. Saberhagen Holdings, Inc.Washington Supreme Court · 2009
  2. Lunsford v. Saberhagen Holdings, Inc.Washington Supreme Court · 2009
  3. State v. LazcanoCourt of Appeals of Washington · 2015
  4. Hurley v. Port Blakely Tree Farms LPCourt of Appeals of Washington · 2014
  5. Bankston v. Pierce CountyCourt of Appeals of Washington · 2013

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