Legal Appeals, Including Asbestos Cases

Appeals of Brayton Purcell

The advocacy of Brayton Purcell lawyers is not limited to the trial courts. We also promote the public good by championing a variety of consumer and worker issues in appeals courts.

We believe that our appellate efforts have strengthened the rights of our clients and the rights of others. We remain committed to continuing this legacy.

Selected reported and unpublished appellate opinions are listed below for 2000–2002, 1999, and 1998, For a list of our trials, see In the Courts.

2000–2002

Sharon McKinney et. al. v. California Portland Cement Company, Amcord, Inc.

(March 18, 2002)
Asbestos manufacturers lose on appeal; amount of damages to plaintiffs considered appropriate.

Wagner v. Apex Marine Ship Management Corporations et al.

(October 4, 2000)
Appeals Court reaffirms the rights of asbestos victims to file a second lawsuit when they develop additional injuries from asbestos.

Charles Munoz v. Western Water Works Supply Co, Inc.

(July, 11, 2000)
Not to be published in official reports. Reversed a trial court’s order and granted a retired pipefitter suffering from asbestosis a new trial against an asbestos defendant.

Linda Hamilton et al. v. Asbestos Corp.

(May 15, 2000)
CA Supreme Court reaffirms that statute of limitations did not bar right to file claims when asbestos–related cancers were discovered.

1999

Louis Dupont v. Pittsburg Corning Corp.

(October 28, 1999)
Not to be published in official reports. Reinstated plaintiffs’ case after grant of summary judgment for defense; strengthens a plaintiff’s case when plaintiff has evidence that a defendant’s products could have caused injury.

Scheiding v. Dinwiddie Construction Co.

(January 11, 1999) 69 Cal.App.4th 64, 99 Cal. Daily Op. Serv. 348
Strengthened plaintiffs’ right to trial by jury by clarifying what a defendant must show before being granted “summary judgment.”

1998

Richmond v. A.P. Green Industries, Inc.

(September 15, 1998) 66 Cal.App.4th 878, 78 Cal.Rptr.2d 356, 98 Cal. Daily Op. Serv. 7220
Upheld “primary right” theory of the statute of limitations for asbestos cases.

Cassiar Mining Corp. v. Superior Court

(September 1, 1998) 66 Cal.App.4th 550, 78 Cal.Rptr.2d 167, 98 Cal. Daily Op. Serv. 6926
California jurisdiction is available against Canadian asbestos mining company with 38–year history of doing business in California.)

Gutierrez v. Cassiar Mining Corp.

(May 26, 1998) 64 Cal.App.4th 148, 75 Cal.Rptr.2d 132, 98 Daily Journal D.A.R. 546
Trial court findings upheld as to liability of asbestos mine; defense witnesses properly excluded.

Arena v. Owens Corning Corp.

(April 12, 1998) 63 Cal.App.4th 1178, 74 Cal.Rptr.2d 580, Prod.Liab.Rep. (CCH) P 15,245, 98 Cal. Daily Op. Serv. 3641
“Consumer expectations” theory of products liability law is valid and applies against suppliers of raw asbestos)

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