Legal Opinion

Kisor v. Johns-Manville Corp.

Court of Appeals for the Ninth Circuit

Decided February 27, 1986No. 84-4380PublishedCited by 83 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

In this appeal we must decide whether a manufacturer’s ignorance of an asbestos product’s danger is a defense to a wrongful death claim based solely upon a strict liability theory under Washington law. We hold that it is not.

FACTS AND PROCEEDINGS BELOW

In 1980, Leonard Kisor, an asbestos worker for 34 years, died of mesothelioma, an abdominal cancer that results from the inhalation of asbestos fibers.1 His widow sued numerous asbestos manufacturers for wrongful death, alleging negligence and strict product liability for failure to give adequate warning of the…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  3. Coursen v. A.H. Robins Co.Court of Appeals for the Ninth Circuit · 1985
  4. Robert HADDAD, Plaintiff-Appellant, v. LOCKHEED CALIFORNIA CORPORATION, a Corporation, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  5. United States v. Barry Kendall Hogan, and Mark Bradford HoganCourt of Appeals for the Fifth Circuit · 1985

8 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Owens-Illinois, Inc. v. ZenobiaCourt of Appeals of Maryland · 1992
  2. United States v. Edward TerryCourt of Appeals for the Ninth Circuit · 1990
  3. Lockwood v. a C & S, Inc.Washington Supreme Court · 1987
  4. United States v. Enrique EspinosaCourt of Appeals for the Ninth Circuit · 1987
  5. Cabrales v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 1988

78 more not listed; retrieve them via the Exa API.

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