RODGERS v. SARGENT CONTROLS & AEROSPACE

No. A110023.

38 Cal.Rptr.3d 528 (2006)

136 Cal.App.4th 82

James RODGERS, Plaintiff and Appellant, v. SARGENT CONTROLS & AEROSPACE, Defendant and Respondent.

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

As Modified February 7, 2006.


Attorney(s) appearing for the Case

Brayton * Purcell, Alan R. Brayton, Esq., Gilbert L. Purcell, Esq., Lloyd F. LeRoy, Esq., Nevato, David L. Fiol, Esq., Nance F. Becker, Esq., San Francisco, for Plaintiff and Appellant.

Carroll, Burdick & McDonough LLP, James P. Cunningham, Esq., Laurie J. Hepler, Esq., San Francisco, Lee G. Sullivan, for Defendant and Respondent.


SWAGER, J.

The trial court granted respondent's motion for summary judgment and dismissed appellant's action for personal injuries caused by asbestos exposure. The court determined that appellant is bound by findings in prior superior court cases that respondent cannot be found liable to appellant as a successor entity to Arnot Marine Corporation. We conclude that the doctrine of collateral estoppel cannot be applied to appellant, and therefore remand the case to...

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