Burch v. CertainTeed Corp.

Burch contracted mesothelioma following many years of installing asbestos-cement (A/C) pipe throughout California. Burch sued CertainTeed, an A/C pipe manufacturer, and won a verdict on claims for negligence, failure to warn, strict product liability, intentional concealment, and intentional misrepresentation. The court entered a judgment holding CertainTeed 100 percent liable for Burch’s economic damages and 62 percent liable for the noneconomic damages according to the jury’s fault apportionment. The court later granted judgment notwithstanding the verdict (JNOV) on the intentional misrepresentation claim and denied JNOV on the intentional concealment claim. The court of appeal affirmed the JNOV order and upheld the trial court’s refusal to give a special jury instruction on the duty of Burch’s employers to provide a safe workplace and refusal to compel Burch to execute an acknowledgment of partial satisfaction of the judgment. The court reversed the original judgment and remanded with directions to enter a new judgment for Burch, holding CertainTeed jointly and severally liable for all of Burch’s economic and noneconomic damages. The trial court erred in allocating noneconomic damages according to CertainTeed’s proportion of fault because Civil Code section 1431.21 (Proposition 51) does not eliminate an intentional tortfeasor’s joint and several liability for noneconomic damages. View "Burch v. CertainTeed Corp." on Justia Law