Moran v. Foster Wheeler Energy Corp.

Plaintiff, a salesman for Kaiser Refractories, filed suit against manufacturers and suppliers of asbestos-containing products, including Foster Wheeler, a manufacturer of industrial boilers insulated with refractory, alleging causes of action for, among other things, strict liability and negligence/failure to warn. The jury returned a verdict for Foster Wheeler and plaintiff appealed. The court agreed with plaintiff that the evidence is insufficient to support the verdict, because substantial evidence fails to prove, as required for the sophisticated user defense, that by virtue of his position, training, experience, knowledge, or skill, he knew or should have known of the health risks posed by working with or near the asbestos-containing products he sold and which were used in Foster Wheeler boilers. Accordingly, the court reversed and remanded for a new trial. View "Moran v. Foster Wheeler Energy Corp." on Justia Law