KISOR v. JOHNS-MANVILLE CORP.

No. 84-4380.

783 F.2d 1337 (1986)

Cleo KISOR, as Personal Representative of the Estate of Leonard F. Kisor, Deceased, Plaintiff-Appellant, v. JOHNS-MANVILLE CORP., et al., Defendants, Owens-Illinois, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1986.


Attorney(s) appearing for the Case

Raymond J. Conboy, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for plaintiff-appellant.

Michele C. Coyle, Gibson, Dunn & Crutcher, Seattle, Wash., for defendant-appellee.

Before WRIGHT and REINHARDT, Circuit Judges, and STRAND, District Judge.


EUGENE A. WRIGHT, Circuit Judge:

In this appeal we must decide whether a manufacturer's ignorance of an asbestos product's danger is a defense to a wrongful death claim based solely upon a strict liability theory under Washington law. We hold that it is not.

FACTS AND PROCEEDINGS BELOW

In 1980, Leonard Kisor, an asbestos worker for 34 years, died of mesothelioma, an abdominal cancer that results from the inhalation of asbestos fibers.

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