Morton v. Owens-Corning Fiberglas Corp.
California Court of Appeal
40 Cal. Rptr.2d 22 (1995)
Robert and Pamela Morton (plaintiffs) sued Owens-Corning Fiberglas (defendant) and others in strict products liability after Robert developed mesothelioma from asbestos exposure while working as a wireman installing cable on ships for about three years, decades before his diagnosis; at the liability phase, the Mortons used the consumer expectations test to prove Owens-Corning's product was defective, and the jury found Owens-Corning liable for 12 percent of the damages after the trial court denied its motion for nonsuit challenging the test's applicability.
Whether, in California, the consumer expectations test may be used in a strict products liability action asserting a defect in design where there are no complicated design considerations, obscure components or mysterious circumstances surrounding the accident, and the product failure was beyond the legitimate commonly accepted minimum safety assumptions of its ordinary consumers.