In plaintiffs’ lawsuit on behalf of decedent for negligence, products liability, and false representation arising from exposure to asbestos while working on U.S. Navy ships and shipyard, trial court’s judgment against defendant is reversed and remanded for a new trial where, although the trial court was correct in concluding that the jury’s verdict on the affirmative government contractor defense did not entitle defendant to judgment in its favor, a finding of negligent failure to warn is logically and legally inconsistent with the jury’s finding on plaintiffs’ strict products liability failure to warn. Accordingly, to the extent the jury might have found defendant negligent for something other than failure to warn, that claim would have been barred by the affirmative defense.
Read Oxford v. Foster Wheeler LLC, No. A121577
Appellate Information
Filed September 10, 2009
Judges
Opinion by Judge Graham
Counsel
For Appellant: Sedwick, Detert, Moran & Arnold LLP, Frederick D. Baker, Brian R. Thompson
For Appelle: Alan R. Brayton, Gilbert L. Purcell, Lloyd F. Leroy, Richard M. Grant, Brayton Purcell LLP
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