BETTY CUNNINGHAM et al., Plaintiffs and Appellants, v. BUFFALO PUMPS, INC. et al., Defendants and Respondents.

Court of Appeal of California, Second Appellate District, Division Seven

Not to be Published

Attorney(s) appearing for the Case

Waters & Kraus, Paul C. Cook and Michael B. Gurien for Plaintiff and Appellant Betty Cunningham.

Gordon & Rees, Michael Pietrykowski, James G. Scadden, and Don Willenburg for Defendant and Respondent Leslie Controls, Inc.

Jackson & Wallace, Gabriel A. Jackson, Todd M. Thacker, and Christine A. Huntoon for Defendant and Respondent Buffalo Pumps, Inc.


Plaintiffs appeal judgment in favor of defendants Buffalo Pumps, Inc. and Leslie Controls, Inc. Plaintiffs' decedent Richard Cunningham (Cunningham) worked aboard Navy ships for many years as a machinist's mate, and contended he was exposed to asbestos dust from defendants' products, causing him to contract mesothelioma. Plaintiffs contend the trial court erred in (1) instructing on the design defect theory of risk/benefit, rather than the consumer expectations...

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