Legal Opinion
In Re Hawaii Federal Asbestos Cases
District Court, D. Hawaii
Decided November 1, 1988No. Civ. 85-0447, 85-1374, 85-1442, 86-0669, 87-0375 ACK, 87-0377 HMF, 87-0409 VAC, 87-0412 ACK, 87-0413 VAC, 87-0414 HMF, 87-0492 ACK, 87-0508 VAC, 87-0539 HMF, 87-0542 HMF, 87-0563 HMF, 87-0770 HMF, 87-0829 VAC, 87-0872 HMF, 87-0928 VAC, 87-0929 HMF, 87-0933 VAC, 87-10414, 87-11415, 87-12420, 87-12421, 87-12423, 87-12425, 87-12426, 87-12427, 87-12429, 87-12430, 87-12432, 87-12433, 87-13362 and 88-00034 HMFPublishedCited by 8 opinions
1Opinion of the Court
OPINION RE: STATE-OF-THE-ART DEFENSE
BELLONI, District Judge.
The evidentiary question at issue is whether in a strict liability case the manufacturer is conclusively presumed to know the dangers inherent in his product, or whether state-of-the-art 1 evidence is admissible to establish whether the manufacturer knew or through the exercise of reasonable human foresight should have known of the dangers posed by his product. I hold that state-of-the-art evidence is irrelevant and therefore inadmissible in the strict liability phase of this asbestos litigation.
BACKGROUND
This is a consolidated case…
2Cases cited13 opinions
- Lockwood v. a C & S, Inc.Washington Supreme Court · 1987
- Stewart v. Budget Rent-A-Car CorporationHawaii Supreme Court · 1970
- Elmore v. Owens-Illinois, Inc.Supreme Court of Missouri · 1984
- Kisor v. Johns-Manville Corp.Court of Appeals for the Ninth Circuit · 1986
- Ontai v. Straub Clinic & Hospital Inc.Hawaii Supreme Court · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Hawaii Federal Asbestos Cases. (Four Cases) David K. Kaiu Lillian M. Kaiu v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Antonia Beatrix Sawyer, Individually and as Special Administratrix of the Estate of Stephen Charles Sawyer, Deceased and as Guardian Ad Litem for Andrew John Sawyer, Corrina Antonia Sawyer, and Margaret Ann Sawyer, All Minor Children v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Toledo Monderen Maria L. Monderen v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation a Delaware Corporation, and Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Owens-Illinois, Inc.Court of Appeals for the Ninth Circuit · 1992
- Kealoha v. E.I. Du Pont De Nemours & Co.District Court, D. Hawaii · 1994
- Kealoha v. E.I. du Pont de Nemours & Co.Court of Appeals for the Ninth Circuit · 1996
- Frantz v. Brunswick Corp.District Court, S.D. Alabama · 1994
- Elysa Kealoha, Individually and as Next Friend to Gabe Kealoha Esther Cabalse Moses Cabalse Jonnie Cook David Frederickson Barbara Hook Raymond Hook and Jack Hook v. E.I. Du Pont De Nemours and Company, Inc. Dow Corning Corporation, Cynthia Wolfe, Individually and as Next Friend to Sarah Straub, Individually and as Next Friend to Matthew Wolfe Kent Wolfe v. Vitek, Inc., E.I. Du Pont De Nemours and Company, Inc.Court of Appeals for the Ninth Circuit · 1996
3 more not listed; retrieve them via the Exa API.