Shields v. Hennessy Industries, Inc

In Shields v. Hennessy Industries, Inc. (2012) 205 Cal.App.4th 782, the plaintiffs' complaints asserted products liability claims predicated on allegations that they suffered injury due to exposure to asbestos dust released by the application of the AMMCO machine to asbestos-containing brake linings. The appellate court reversed judgments on the pleadings in favor of Hennessy, concluding that the plaintiffs' allegations satisfied the Tellez-Cordova exception to the rule confining strict liability to a manufacturer's own products, as described in O'Neil. (Id. at pp. 797-798.) The court stated: "Taken as true, the causes of action contend that Hennessy distributed a machine directly to consumers designed only to grind asbestos-containing brake linings, a machine that was defective because its intended operation necessarily released asbestos fibers into the air and was not a machine manufactured for use as a component in another finished product. ... . The alleged sole and intended use of the brake arcing machine resulted in the release of contained asbestos particles." (Id. at p. 798.)