Insurance company lawyers seek to limit asbestos damages
Tuesday, October 27, 2009
Ulysses Collins worked at a naval shipyard for more than 20 years and developed mesothelioma because of his sustained exposure to asbestos. Collins’ attorneys successfully argued in Alameda Superior Court that the U.S. Navy bore no fault in this case.
Plant Insulation Company, the defendant, appealed.
Because public entities such as the Navy enjoy sovereign immunity, they owe no duty of care to a plaintiff. Insurance company lawyers in asbestos cases often attempt to shift fault to the Navy to avoid liability for their clients and to reduce the settlement value of the case. If defendants cannot blame the Navy, asbestos victims and their families likely would collect larger settlements. Ulysses Collins v. Plant Insulation Co. Court of Appeal 1st Dist. Div. 1 (A124268)
Category: Appellate Reports;