Armstrong, Nancy, and Leonard Tennenhouse.
Opinion by Strankman, P. Harley for Plaintiff and Appellant. Armon Cooper, Jerome C. Rizzo and Frederick D. Baker for Defendants and Appellants.
Allan and Robert C. Phelps as Amici Curiae on behalf of Defendants and Appellants. Smith Smith worked as a pipe fitter for 30 years, his work often exposing him to asbestos dust. Smith retired with good health in at the age of Twenty years later, inSmith became ill and was diagnosed with the respiratory afflictions of asbestosis and asbestos-related pleural disease.
Smith and his wife, Marie, brought this action for damages against scores of asbestos manufacturers, asbestos installers, premises owners and others. Many defendants settled and trial proceeded with only two defendants.
But the trial court declined to apply Civil Code section Smith died pending appeal, and his widow advances their cross-appeal disputing a nonsuit of claims for punitive damages and loss of consortium.
Statement of Facts A. The Nature of Asbestos Asbestos is a mineral which is fibrous once mined and extracted from rock. The hazards of asbestos gradually became known, and it is now undisputed that long-term asbestos inhalation causes various diseases.
Remaining for dispute, although peripheral to this appeal, is the question of when the health hazards of asbestos first became known.
As a pipe fitter on ships, Smith worked near insulators and the air quality was sometimes "pretty bad. During his year career, Smith was [31 Cal. Smith described the air at those power plants as "pretty nasty," with "a lot of stuff blowing in the air, dust and stuff, like asbestos stuff.
At Pittsburg, insulation dust was visible in the air many times and, as a shop steward, the pipe fitter received weekly complaints from others about the dust. The boilermaker likened the wind-swept asbestos materials to a "Kansas dust storm.
Kelly testified that he believed all insulation materials used at the Antioch plant contained asbestos and that asbestos dust floated in the air during construction.
The insulators worked within five to ten feet of pipe fitters, and no workers were provided dust protective gear. Kelly responded that the pictures were "[v]ery representative of our particular trade work, and the mess we caused" and depicted the "general appearances" of insulation work.
Another asbestos insulator, Robert Cuthbertson, testified that he worked on [31 Cal. Smith said exhibit No. An industrial hygienist, Kenneth Cohen, opined that working conditions represented in exhibits Nos. Cohen also testified that asbestos is not visible at low concentrations so that sustained dust in the air following asbestos work indicates that the established limit was "exceeded dramatically.
Smith could not remember the names of any insulation companies on the jobs he worked at the Standard Oil refinery. The maximum time ACandS and Smith both could be at the refinery was about four months. The refinery is "a mammoth," covering many acres and containing miles of piping.
In testifying about refinery work in general, Smith explained that he worked near insulation contractors, including "Armstrong," and the air in refineries was sometimes "pretty bad," with "stuff flying all over the air. Robert Cantley, an ACandS insulator from toworked intermittently at the Standard Oil refinery on about six different projects.
ACandS installed insulation to the specifications of Standard Oil. Cantley worked "right next" to pipe fitters as he installed asbestos installation.
There was visible dust in the air; Cantley said one looked "like a snowman" from the dust.A genealogical survey of the peerage of Britain as well as the royal families of Europe.
The motto above the fireplace, concerning eating, drinking, and sleeping may point to the important articles of life, but Rowlandson infuses each of these with . Browse Artists Alphabetically Artist Names Beginning Complete List A-Z: Maria A'Becket - American Painter Hans von Aachen - German Painter Alvar Aalto - Finnish Architect Magdalena Abakanowicz - Polish Sculptor Masseot Abaquesne - French Potter Riza-i Abbasi - Persian Painter Louise Abbema - French Painter Edwin Austin Abbey - American Illustrator/Muralist Berenice Abbott - American .
Key Facts. full title · The Sovereignty and Goodness of God, also known as A Narrative of the Captivity and Removes of Mrs. Mary Rowlandson, also known as The True History of the Captivity and Restoration of Mrs. Mary Rowlandson.
author · Mary Rowlandson. type of work · Autobiography. genre · Captivity narrative. language · English. time and place written · Sometime between and. Raabe, Heinrich August, ¶. Die Postgeheimnisse oder die hauptsächlichsten Regeln welche man beim Reisen und bei Versendungen mit der Post beobachten muß um Verdruß und Verlust zu vermeiden (German) (as Author); Raabe, Wilhelm, ¶.
Smith v. Frandsen This opinion is subject to revision before final publication in the Pacific Reporter. IN THE SUPREME COURT OF THE STATE OF UTAH oo0oo Steve and Catherine Smith.