United States:
California Appeals Court Upholds Jury Verdict That Project Owner Not Liable For Asbestos Injury To Contract Worker
10 December 2018
Smith Gambrell & Russell
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In Hubbard v. Cal. Water Services, a California appeals
court upheld a jury verdict finding that California Water was not
liable to the estate of Thomas Hubbard for asbestos exposure
occurring while he was employed by an independent contractor.
The appeals court reasoned that the jury reasonably found that Mr.
Hubbard's employer, a contractor for the water company, should
have known that cutting asbestos pipes supplied and owned by the
water company posed a health hazard by the late 1960s to early
1970s. Because there was no showing in the underlying case
that the water company knew of asbestos dangers before the
contractors did, the contractors remain liable to Mr. Hubbard as
his employer. Under the contractor's agreement with the
water company, the water company supplied all materials for the
sewer improvement project while the contractor supplied labor,
tools, and equipment.
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