The Superior Court has denied motions to dismiss asbestos claims made against six customers of a commercial boat builder where plaintiff’s decedent worked. Plaintiff argued the customers could be liable for failing to warn the plaintiff of the dangers of asbestos used in the construction of the boats they purchased from the boat builder. The court said it had specific personal jurisdiction over the customers. The court also said the allegations of the complaint, liberally interpreted, adequately pled claims for failure to warn, negligence, strict products liability, implied warranty of merchantability and wrongful death. The court dismissed the claims for breach of express warranty and implied warranty of fitness for particular purpose. Santos v. A.C. McLoon Oil Co., P.C. 2009-5475 (Feb. 22, 2013).
Asbestos-Superior Court denies motions to dismiss filed by customers of boat builder
| Feb 26, 2013 | Firm News