Judgment On The Pleadings Against Manufacturer Reversed.

A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co.(2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288].  In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here is allegedly defective “because its intended operation necessarily released asbestos fibers into the air and was not a machine manufactured for use as a component in another finished product.”  Judgment on the pleadings was reversed.  Shields v. Hennessy Industries, Inc.  (Cal. App. First Dist., Div. 1; April 30, 2012) (As Mod. May 3, 2012) 205 Cal.App.4th 782, [140 Cal.Rptr.3d 268].