The Complex Litigator

View Original

California Supreme Court activity for the week of December 21, 2009

The California Supreme Court held its (usually) weekly conference on December 23, 2009.  The only notable event I noticed was:

  • A Petition for Review was granted in O'Neil v. Crane Company.  O'Neil is a toxic tort decision that concerns manufacturer liability when a non-dangerous component is incorporated into a package or system that is dangerous.  In this case, the manufacturer supplies valves and pumps that were covered with an asbestos lagging/insulation.  The Court of Appeal concluded that the component part defense did not apply when the parts were designed to be incorporated into a system that was not altered by the customer and had but one intended use.  The decision conflicts with a recent opinion in Taylor v. Elliott Turbomachinery Co., 171 Cal. App. 4th 564 (2009).