Evans v. Celotex Corp

In Evans v. Celotex Corp. (1987) 194 Cal.App.3d, 741, the appellate court held that where the plaintiff lost his asbestos personal injury suit and then died, the ensuing judgment collaterally estopped his heirs from any new lawsuit for wrongful death arising from the same injury. The court rejected the heirs' argument that the general verdict in favor of defendant in the personal injury action did not necessarily mean that the jury found the defendant was not liable. "A general verdict implies the existence of every fact essential to support the judgment." (Id. at pp. 744-745.) "The prior defense verdict negatives the existence of liability of Celotex for Evans's injuries. Plaintiffs suggest the jury could have reached their verdict on alternative bases: (1) Evans failed to prove causation; (2) Evans's condition was not asbestos related; (3) that the jury could not make up its mind. Each of these 'alternatives' conclusively establishes that Celotex is not liable for Evans's condition. Contrary to plaintiffs' contention, there can be no other interpretation of the jury's general defense verdict. Accordingly, we hold that the issues in the instant action were decided in defendant's favor in the prior adjudication and cannot be relitigated." (Id. at p. 745.)