Taylor v. Elliott Turbomachinery Co., Inc

In Taylor v. Elliott Turbomachinery Co., Inc. (2009) 171 Cal.App.4th 564, the plaintiff's decedent served as a fireman and machinist mate aboard a Navy ship during the 1960's. His duties included repairing and maintaining valves and pumps manufactured by the defendants, which required removing and replacing asbestos-containing gaskets, packing and insulation from the defendants' equipment. Mr. Taylor removed the old materials by scraping them off with a knife, brush or metal, releasing dust and particles into the air. It was undisputed that he was never exposed to asbestos-containing materials originally supplied by the defendants. Mr. Taylor died of mesothelioma. (Taylor, 171 Cal.App.4th at pp. 571-572.) The plaintiff argued that the defendants had a duty to warn Mr. Taylor of hazards arising from the foreseeable use of their equipment in combination with asbestos-containing products manufactured by other companies. (Taylor, supra, 171 Cal.App.4th at pp. 572-573.) The appellate court in Taylor listed three reasons why plaintiff's strict liability argument was unavailing. "First, California law restricts the duty to warn to entities in the chain of distribution of the defective product. Second, in California, a manufacturer has no duty to warn of defects in products supplied by others and used in conjunction with the manufacturer's product unless the manufacturer's product itself causes or creates the risk of harm. Third, manufacturers or suppliers of nondefective component parts bear no liability when they simply build a product to a customer's specifications but do not substantially participate in the integration of their components into the final product." (Id. at p. 575.)