Watts v. Pneumo Abex (2024)
Plaintiff, an auto shop operator in the 1980s, developed mesothelioma later in life and sued numerous defendants for allegedly causing his exposure to asbestos. The last defendant remaining at trial was a brake lining manufacturer. Because plaintiff was the owner/operator of a licensed auto repair shop subject to occupational safety regulations, defendant asserted a sophisticated user defense, alleging that as a trained auto technician subject to government workplace safety regulations, plaintiff should have known to take precautions when working with asbestos-containing products.
The trial court, siding with plaintiff on a motion for directed verdict, refused to instruct the jury on the sophisticated user defense. Defendant appealed, and the Court of Appeal reversed, holding there were triable issues of fact on whether plaintiff was a sophisticated user.
Horvitz & Levy LLP represented the defendant on appeal.
