KAMINSKI v. WESTERN MacARTHUR CO.

Docket Nos. A028702, A029762, A030047, A030125, A031922.

175 Cal.App.3d 445 (1985)

220 Cal. Rptr. 895

ROSE K. KAMINSKI, as Executrix, etc., et al., Plaintiffs and Respondents, v. WESTERN MacARTHUR COMPANY, Defendant and Appellant. JOHN CRETAN, Plaintiff and Respondent, v. FIBREBOARD CORPORATION, Defendant and Respondent; WESTERN MacARTHUR COMPANY, Defendant and Appellant. WESTERN MacARTHUR COMPANY, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; In re SHIPYARD AND APPLICATOR ASBESTOS CASES (KAZAN & KILBOURNE) et al., Real Parties in Interest. WESTERN MacARTHUR COMPANY, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; In re STERNS, BROWN & FINNEY et al., CONSOLIDATED FOR DISCOVERY, RELATED SHIPYARD AND APPLICATOR ASBESTOS CASES, Real Parties in Interest. WESTERN MacARTHUR COMPANY, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; In re RELATED ASBESTOS CASES CONSOLIDATED FOR GENERAL PRETRIAL MATTERS (KNAPP) et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Five.

December 10, 1985.


Attorney(s) appearing for the Case

COUNSEL

Eugene Brown, Jr., Mary Ellen Gambino, Raymond J. Bergez, Bruce E. Loper and Hardin, Cook, Loper, Engel & Bergez for Defendant and Appellant and Petitioner.

Harry F. Wartnick, Cartwright, Sucherman & Slobodin, Daniel U. Smith, David M. McClain, Steven Kazan, George W. Kilbourne, Bryce C. Anderson, Madelyn J. Chaber, Brown & Finney, Sterns, Smith & Walker and Kenneth L. Knapp for Plaintiffs and Respondents and for Real Parties in Interest.

No appearance for Respondent and Defendant and Respondent.


[Opinion certified for partial publication.*]

OPINION

LOW, P.J.

In these consolidated cases, we hold that Western MacArthur Company, a Bay Area distributor of Johns-Manville asbestos products, is the corporate successor of the now-defunct Western Asbestos Company for purposes of product liability for personal injuries arising from asbestos exposure. In Kaminski v. Western MacArthur Company...

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