KESNER v. SUPERIOR COURT

Nos. S219534, S219919.

1 Cal.5th 1132 (2016)

CECELIA KESNER, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; PNEUMO ABEX, LLC, Real Party in Interest. CECELIA KESNER, Plaintiff and Appellant, v. PNEUMO ABEX, LLC, Defendant and Respondent. JOSHUA HAVER et al., Plantiffs and Appellants, v. BNSF RAILWAY COMPANY, Defendant and Respondent.

Supreme Court of California.

December 1, 2016.


Attorney(s) appearing for the Case

Weitz & Luxenberg, Benno Ashrafi , Cindy Saxey , Josiah W. Parker ; Kazan, McClain, Satterley & Greenwood and Ted W. Pelletier for Petitioner and for Plaintiff and Appellant Cecelia Kesner.

Brayton Purcell , Alan R. Brayton , Gilbert L. Purcell and Gary L. Brayton as Amici Curiae on behalf of Petitioner and Plaintiff and Appellant Cecelia Kesner.

The Arkin Law Firm and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioner and Plaintiff and Appellant Cecelia Kesner.

Walters Kraus & Paul, Paul C. Cook and Michael B. Gurien for Plaintiffs and Appellants Joshua Haver et al.

The Arkin Law Firm and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants Joshua Haver et al.

No appearance for Respondent Superior Court.

Horvitz & Levy, Lisa Perrochet , Robert H. Wright , Curt Cutting ; Brydon Hugo & Parker, Hugo Parker , Edward R. Hugo , James C. Parker and Jeffrey Kaufman for Real Party in Interest and for Defendant and Respondent Pneumo Abex, LLC.

McKenna Long & Aldridge, Lisa L. Oberg ; McDermott Will & Emery and Colleen E. Baime for CertainTeed Corporation and Honeywell International Inc., as Amici Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Snell & Wilmer, Mary-Christine Sungaila and Jenny Hua for International Association of Defense Counsel and Federation of Defense & Corporate Counsel as Amici Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Deborah J. La Fetra for Pacific Legal Foundation as Amicus Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Armstrong & Associates and William H. Armstrong for Resolute Management as Amicus Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Schiff Hardin and Eliot S. Jubelirer for Owens-Illinois, Inc., as Amicus Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Shook, Hardy & Bacon, Mark A. Behrens and Patrick Gregory for Coalition for Litigation Justice, Inc., Chamber of Commerce of the United States of America, National Association of Manufacturers, American Tort Reform Association and NFIB Small Business Legal Center as Amici Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Gordon & Rees and Don Willenburg for Association of Defense Counsel of Northern California and Nevada as Amicus Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Horvitz & Levy, Curt Cutting and Steven Fleischman for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Real Party in Interest and Defendant and Respondent Pneumo Abex, LLC.

Sims Law Firm, Selim Mounedji ; Gibson, Dunn & Crutcher, Veronica Lewis , Theodore J. Boutrous, Jr. , Joshua S. Lipshutz and Alexander M. Fenner for Defendant and Respondent BNSF Railway Company.

Fred J. Hiestand ; Erika C. Frank and Heather L. Wallace for The California Chamber of Commerce and The Civil Justice Association of California as Amici Curiae on behalf of Defendant and Respondent BNSF Railway Company.

Shook, Hardy & Bacon, Mark A. Behrens and Patrick Gregory for Litigation Justice, Inc., Chamber of Commerce of the United States of America, National Association of Manufacturers, American Tort Reform Association and NFIB Small Business Legal Center as Amici Curiae on behalf of Defendant and Respondent BNSF Railway Company.

Snell & Wilmer, Mary-Christine Sungaila and Jenny Hua for International Association of Defense Counsel and Federation of Defense & Corporate Counsel as Amici Curiae on behalf of Defendant and Respondent BNSF Railway Company.

Deborah J. La Fetra for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent BNSF Railway Company.

Louis P. Warchot , Daniel Saphire ; Murphy, Campbell, Alliston & Quinn and Stephanie L. Quinn for Association of American Railroads as Amicus Curiae on behalf of Defendant and Respondent BNSF Railway Company.

King & Spalding, Peter A. Strotz , Steven D. Park and Ethan P. Davis for Western States Petroleum Association as Amicus Curiae on behalf of Defendant and Respondent BNSF Railway Company.


OPINION

These two cases ask whether employers or landowners owe a duty of care to prevent secondary exposure to asbestos. Such exposure, sometimes called domestic or take-home exposure, occurs when a worker who is directly exposed to a toxin carries it home on his or her...

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